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STATE v. ESPINO

264 N.J. Super. 62 (1993)

624 A.2d 27

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FELIPO ESPINO, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 23, 1993.

Attorney(s) appearing for the Case

Zulima V. Farber, Public Defender, attorney for appellant (Michael B. Jones, Assistant Deputy Public Defender, of counsel and on the brief).

Robert W. Gluck, Middlesex County Prosecutor, attorney for respondent (Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the brief).

Before Judges ANTELL, SKILLMAN and VILLANUEVA.

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

The primary issue presented by this appeal is whether a defendant whose sentence has been vacated on appeal may be resentenced to a longer term on one of a related group of convictions provided there is no increase in his aggregate sentence.

Defendant was an inmate at the Middlesex County Correctional Center. Shortly after midnight on September 28, 1986, he and two other inmates attempted to escape...

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