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STATE v. WILDMAN

296 N.J. Super. 565 (1997)

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

Superior Court of New Jersey, Appellate Division.

Decided January 23, 1997.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (Virginia C. Saunders, Assistant Deputy Public Defender, of counsel and on the brief).

John Kaye, Monmouth County Prosecutor, attorney for respondent (Paul J. Feldman, Assistant Prosecutor, of counsel and on the brief).

Before Judges LONG, SKILLMAN and CUFF.

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

The sole issue in this appeal is whether a sentencing judge may impose restitution for the purpose of recovery of the costs of transporting the defendant from California to New Jersey. We hold that recovery of transportation costs under the guise of restitution is not authorized.

On August 23, 1994, defendant Michael Wildman pled guilty to a single count of theft by deception contrary to N.J.S.A.

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