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STATE v. LEBRA

815 A.2d 1020 (2003)

357 N.J. Super. 500

STATE of New Jersey, Plaintiff-Appellant, v. Nicholas LEBRA, III, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant/ Cross-Respondent/Cross-Appellant, v. Ronnie Comeaux, Defendant-Respondent/ Cross-Appellant/Cross-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided February 20, 2003.

Attorney(s) appearing for the Case

John E. Bergh, Salem County Prosecutor, attorney for appellant in A-2454-01T3 (Matthew P. Donelson, Assistant Prosecutor, on the brief).

Sufrin Zucker Steinberg & Wixted, attorneys for respondent Nicholas Lebra, III (Saul J. Steinberg, on the brief).

John E. Bergh, Salem County Prosecutor, attorney for appellant/cross-respondent/cross-appellant in A-2943-01T3 (Matthew P. Donelson, Assistant Prosecutor, on the brief).

Peter A. Garcia, Acting Public Defender, attorney for respondent/cross-appellant/cross-respondent Ronnie Comeaux (Susan Brody, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges KING, WEFING and WECKER.

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

These two appeals are from sentences imposed by the same trial judge for the same offense, vehicular homicide. In State v. Lebra, A-2454-01, defendant was sentenced to three years on probation, conditioned on serving 364 days in county jail, and the State appeals. In State v. Comeaux, A-2943-01, defendant was sentenced to four years in prison with an...

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