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STATE v. JOHNSON

118 N.J. 10 (1990)

570 A.2d 395

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. SHELDON JOHNSON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 15, 1990.

Attorney(s) appearing for the Case

Roxanne J. Gregory, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney; Roxanne J. Gregory and Richard M. Dunlevy, Assistant Deputy Public Defender, on the brief).

Elizabeth Miller-Hall, Assistant Prosecutor, argued the cause for respondent (Herbert H. Tate, Jr., Essex County Prosecutor, attorney).

Anne M. Patterson, Special Assistant to the Attorney General, argued the cause for amicus curiae, Attorney General (Peter N. Perretti Jr., Attorney General of New Jersey, attorney); Mildred Vallerini Spiller, Deputy Attorney General, of counsel and on the brief.

The opinion of the Court was delivered by POLLOCK, J.

The companion case, State v. Jabbour, holds that the presumption of imprisonment for first- and second-degree offenses applies to a defendant who commits a sex offense unless the circumstances of the offender are so extraordinary and unanticipated that imprisonment would not serve the legislative purposes of punishment and deterrence. 118 N.J. 1

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