STATE v. HENRY

Municipal Appeal 2010-16

14 A.3d 750 (2010)

418 N.J. Super. 481

STATE of New Jersey, Plaintiff, v. John HENRY, Defendant.

Superior Court of New Jersey, Law Division, Mercer County.

Decided October 20, 2010.


Attorney(s) appearing for the Case

Mary Sparkman and John M. Jingoli, Jr. , Assistant Prosecutors, for plaintiff (Joseph Bocchini, Mercer County Prosecutor, attorney).

Robert E. Ramsey , Lawrenceville, for defendant (Donini & Ramsey, attorneys).


OSTRER, J.S.C.

Introduction

In this municipal appeal, defendant seeks de novo review of the custodial sentence imposed after he pled guilty to driving under the influence ("DUI") of intoxicating liquor with a blood alcohol level ("BAC") of .30. It was defendant's third DUI conviction, but the court treated him as a second-offender under the so-called "step down" provision. N.J.S.A. 39:4-50(a)(3). The municipal court sentenced defendant to sixty...

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