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STATE v. FRENCH

Docket No. A-4963-13T1

98 A.3d 603 (2014)

437 N.J. Super. 333

STATE of New Jersey, Plaintiff-Appellant, v. James W. FRENCH, a/k/a James Williams French, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided August 25, 2014.

Attorney(s) appearing for the Case

Kelly Anne Shelton , Assistant Prosecutor, argued the cause for appellant ( Richard T. Burke , Warren County Prosecutor, attorney; Ms. Shelton, of counsel and on the brief).

Michele E. Friedman , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Ms. Friedman, of counsel and on the brief).

Carol M. Henderson , Assistant Attorney General, argued the cause for amicus curiae State of New Jersey ( John J. Hoffman , Acting Attorney General, attorney; Ms. Henderson, of counsel and on the brief).

Before Judges FUENTES, MESSANO and KOBLITZ.

The opinion of the court was delivered by

KOBLITZ, J.A.D.

The State appeals from what it views as the illegal sentence of ninety days in jail followed by ninety days in an inpatient drug rehabilitation program imposed for the fourth-degree crime of operating a motor vehicle during a period of license suspension for multiple convictions of driving while intoxicated (DWI). N.J.S.A. 2C:40-26(b). Defendant James W. French argues that an inpatient drug program...

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