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STATE v. CARREON

Docket No. A-5501-12T1

96 A.3d 305 (2014)

437 N.J. Super. 81

STATE of New Jersey, Plaintiff-Respondent, v. Armando CARREON, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided August 11, 2014.

Attorney(s) appearing for the Case

Elizabeth M. Trinidad argued the cause for appellant (Trinidad Law Office, LLC, attorneys; Ms. Trinidad, on the brief).

G. Harrison Walters , Assistant Prosecutor, argued the cause for respondent ( Jennifer Webb-McRae , Cumberland County Prosecutor, attorney; Mr. Walters, of counsel and on the brief).

Before Judges WAUGH, NUGENT and ACCURSO.

The opinion of the court was delivered by

ACCURSO, J.A.D.

This appeal requires us to consider whether a never-licensed driver may be fined and sentenced to a custodial term under the penalty provisions of N.J.S.A. 39:3-10. Defendant Armando Carreon appeals from the (partial) denial of his petition for post-conviction relief contending that he was subject to an illegal sentence consisting of a fine and a custodial term following his guilty plea to driving...

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