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STATE v. PETRELLO

251 N.J. Super. 476 (1991)

598 A.2d 927

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. PAUL PETRELLO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 4, 1991.

Attorney(s) appearing for the Case

Nemergut & Duff, attorneys for appellant (Howard Duff, on the brief).

Alan A. Rockoff, Middlesex County Prosecutor, attorney for respondent (Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the letter brief).

Before Judges LONG and GRUCCIO.

The opinion of the court was delivered by GRUCCIO, J.A.D.

At issue on this appeal is whether or not the mandatory enhanced penalty provisions for a subsequent conviction of driving while intoxicated in violation of N.J.S.A. 39:4-50 should be imposed at sentencing where the second violation occurs prior to sentencing for the first conviction.

The facts are not disputed. On April 22, 1989, defendant Paul Petrello was charged with operating a motor vehicle...

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