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STATE v. THOMAS

920 A.2d 142 (2007)

392 N.J. Super. 169

STATE of New Jersey, Plaintiff-Appellant/Cross-Respondent, v. James THOMAS, Defendant-Respondent/Cross-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided April 17, 2007.

Attorney(s) appearing for the Case

Stuart Rabner, Attorney General of New Jersey, for appellant/cross-respondent (H. John Witman, III, Deputy Attorney General, of counsel and on the brief).

Yvonne Smith Segars, Public Defender, for respondent/cross-appellant (Abby P. Schwartz, Assistant Deputy Public Defender, of counsel and on the brief).

Before Judges WEFING, PARKER and C.S. FISHER

The opinion of the court was delivered by

PARKER, J.A.D.

In these cross-appeals, we are presented with two issues involving sentencing under the Brimage2 Guidelines. The first Brimage issue raised by the State is whether the trial court erred by imposing a lower sentence than that negotiated between the State and defendant pursuant to the Brimage Guidelines and N.J.S.A. 2C:35-12, based on the court's...

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