STATE v. IKERD


850 A.2d 516 (2004)

369 N.J. Super. 610

STATE of New Jersey, Plaintiff/Respondent, v. Simmone N. IKERD a/k/a Simmone Holloway, Defendant/Appellant.

Superior Court of New Jersey, Appellate Division.

Decided June 14, 2004.


Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (J. Michael Blake,

Assistant Deputy Public Defender on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Judson H. Hamlin, Assistant Prosecutor, on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and PAYNE.


The opinion of the court was delivered by

PAYNE, J.A.D.

We hold in this appeal that a pregnant, drug-addicted woman who has violated the conditions of her probation cannot be sentenced to prison for the avowed purpose of safeguarding the health of her fetus. To have done so is contrary to law and constituted an abuse of discretion.

The facts follow: On January 29, 1998, defendant Simmone Ikerd pled guilty to one count of third-degree theft by deception...

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