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STATE v. SUTTON

132 N.J. 471 (1993)

625 A.2d 1132

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL SUTTON, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 22, 1993.

Attorney(s) appearing for the Case

James K. Smith, Jr., Deputy Public Defender, argued the cause for appellant (Zulima V. Farber, Public Defender, attorney).

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

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

This appeal concerns the scope of a court's discretion when resentencing a defendant for violation of the conditions of a probationary term based on proof of a subsequent criminal conviction. We consider whether, following revocation of probation, a court may impose either a term concurrent or consecutive to the sentence received for the subsequent offense, or whether N.J.S.A. 2C:44-5f(3) requires that any...

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