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STATE v. GOULD

800 A.2d 173 (2002)

352 N.J. Super. 313

STATE of New Jersey, Plaintiff-Appellant, v. Eric GOULD, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 27, 2002.

Attorney(s) appearing for the Case

Donald C. Campolo, Acting Prosecutor of Essex County, attorney for appellant (Joan E. Love, Special Deputy Attorney General, of counsel and on the brief).

Peter A. Garcia, Acting Public Defender, attorney for respondent (Christopher P. Morrison, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges SKILLMAN, WALLACE, Jr., and WELLS.

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

The State appeals, pursuant to N.J.S.A. 2C:44-1f(2), from the imposition of a probationary sentence on defendant Eric Gould, a second degree offender. However, because the State did not appeal within the ten-day period allowed by the statute while at the same time Gould commenced serving probation, we are constrained to dismiss the appeal. State v. Sanders, 107 N.J. 609<...

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