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STATE v. REINER

832 A.2d 328 (2003)

363 N.J. Super. 167

STATE of New Jersey, Plaintiff-Respondent, v. Philip REINER, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided October 1, 2003.

Attorney(s) appearing for the Case

Mueller, Russo & Warmington, Morristown, for appellant (Gregory R. Mueller, on the brief).

Peter C. Harvey, Acting Attorney General, for respondent (Adrienne B. Reim, Deputy Attorney General, of counsel and on the brief).

Before Judges WECKER, LISA and FUENTES.

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

Defendant, Philip Reiner, appeals from a judgment entered after a trial de novo on appeal from the Newton Municipal Court pursuant to R. 3:23-8. The issue raised by this appeal is the permissible sentence for an individual convicted of a second offense for driving while intoxicated (DWI), N.J.S.A. 39:4-50, when the second offense occurs within a school zone as defined by N.J.S.A. 39:4-50...

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