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STATE v. ELLIS

788 A.2d 849 (2002)

346 N.J. Super. 583

STATE of New Jersey, Plaintiff-Respondent, v. Derrick ELLIS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 22, 2002.

Attorney(s) appearing for the Case

Peter A. Garcia, Acting Public Defender, for appellant (Frank J. Pugliese, Assistant Deputy Public Defender, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for respondent (Michael J. Williams, Deputy Attorney General, of counsel and on the brief).

John J. Farmer, Jr., Attorney General, for amicus curiae New Jersey State Parole Board (Michael J. Haas, Assistant Attorney General, of counsel; Gregory A. Spellmeyer, Deputy Attorney General, on the brief).

Before Judges CIANCIA, LESEMANN and PARRILLO.

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

The narrow question presented by this appeal from the denial of post-conviction relief is whether it is illegal for a sentencing judge to specify that the less restrictive sentence be served prior to the more restrictive sentence when consecutive sentences are imposed at the same time for dual convictions arising from a single trial. We hold that such a specification...

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