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STATE v. JIMENEZ

266 N.J. Super. 560 (1993)

630 A.2d 348

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. GERARDO JIMENEZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided July 29, 1993.

Attorney(s) appearing for the Case

Robert J. Del Tufo, Attorney General, attorney for appellant (Arthur S. Safir, Deputy Attorney General, of counsel and on the brief).

Zulima V. Farber, Public Defender, attorney for respondent (Susan Green, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges MICHELS, BILDER and BAIME.

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

The State appeals from the Law Division's order granting defendant's petition for post-conviction relief and vacating the remainder of his parole ineligibility term imposed under N.J.S.A. 2C:35-7. The Law Division held that the prosecutor abused his discretion by failing to engage in post-conviction negotiations with defendant under N.J.S.A. 2C:35-12 and by refusing to waive the mandatory period...

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