STATE v. LATONA


307 N.J. Super. 387 (1998)

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. VINCENZO LATONA, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided January 28, 1998.


Attorney(s) appearing for the Case

Dennis O'Leary, Sussex County Prosecutor, attorney for appellant (Thomas E. Bracken, Assistant Prosecutor, of counsel and on the brief).

Daniel A. Colfax, attorney for respondent.

Before Judges STERN and KIMMELMAN.


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

The issue on appeal is whether defendant Vincenzo Latona should be sentenced as a second or third time offender for driving while intoxicated (DWI), in violation of N.J.S.A. 39:4-50.

On July 22, 1996, defendant appeared before the Sparta Municipal Court and pled guilty to the offense of DWI. As a third-time offender, defendant was sentenced to serve 180 days in the county jail and his driving...

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