STATE v. KROMPHOLD


744 A.2d 640 (2000)

162 N.J. 345

STATE of New Jersey, Plaintiff-Appellant, v. Thomas F. KROMPHOLD, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 1, 2000.


Attorney(s) appearing for the Case

Gerard C. Sims, Jr., Deputy Attorney General, for the plaintiff-appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

Dennis A. Cipriano, West Orange, for defendant-respondent (Mr. Cipriano, attorney; James I. Peck IV, on the brief).


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

The primary issue in this appeal is whether the court that sentenced defendant Thomas Kromphold impermissibly considered elements of the offense of aggravated assault as aggravating factors for sentencing purposes. In an unpublished opinion, the Appellate Division reduced defendant's aggregate sentence, holding that the trial court "double-counted" evidence of the extent...

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