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STATE v. LUTHE

892 A.2d 736 (2006)

383 N.J. Super. 512

STATE of New Jersey, Plaintiff-Respondent, v. Shannon K. LUTHE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 6, 2006.

Attorney(s) appearing for the Case

Joseph J. Rodgers, Wildwood Crest, argued the cause for appellant.

Jack J. Lipari, Assistant County Prosecutor, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; John Henry Flammer, III, Assistant County Prosecutor, of counsel and on the brief).

Before Judges CONLEY, WEISSBARD and WINKELSTEIN.

The opinion of the court was delivered by

CONLEY, P.J.A.D.

Defendant appeals the incarceration aspect of her Atlantic County Superior Court, Law Division third-offender DWI sentencing. Essentially, she claims other counties afford third-offenders alternative sentencing options, contends such options are statutorily permissible, and opines that the sentencing judge's refusal to offer such an option here denies her equal protection. We affirm.

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