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STATE v. RODRIGUEZ

Docket No. A-5077-15T3 A-5078-15T3 A-5146-15T3 A-5147-15T3 A-5160-15T3.

185 A.3d 221 (2018)

454 N.J. Super. 214

STATE of New Jersey, Plaintiff-Appellant, v. Rene M. RODRIGUEZ, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Elizabeth A. Colon, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Eric L. Lowers, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Stephen E. Nolan, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Courtney D. Swiderski, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Argued (A-5146-15/A-5147-15/A-5160-15) March 5, 2018.

Decided April 12, 2018.

Attorney(s) appearing for the Case

Jason Magid , Assistant Prosecutor, argued the cause for appellant ( Mary Eva Colalillo , Camden County Prosecutor, attorney; Jason Magid, of counsel and on the briefs).

Mario J. Persiano , Hainesport, attorney for respondent Rene M. Rodriguez.

Marissa J. Costello argued the cause for respondents Eric L. Lowers and Stephen E. Nolan (Costello & Whitmore, attorneys; Marissa J. Costello, on the briefs).

Mark V. Oddo argued the cause for respondent Courtney D. Swiderski (Dubois, Sheehan, Hamilton, Levin & Weissman LLC, attorneys; Mark V. Oddo, on the brief).

Michele E. Friedman , Assistant Deputy Public Defender, argued the cause for amicus curiae Office of the Public Defender ( Joseph E. Krakora , Public Defender, attorney; Michele E. Friedman, of counsel and on the briefs).

Jennifer E. Kmieciak , Deputy Attorney General, argued the cause for amicus curiae Office of the Attorney General ( Gurbir S. Grewal , Attorney General, attorney; Carol M. Henderson , Assistant Attorney General, of counsel and on the briefs).

The opinion of the court was delivered by

Each defendant in these five back-to-back appeals by the State was convicted of fourth-degree operating a motor vehicle during a period of license suspension. N.J.S.A. 2C:40-26. The statute prescribes a sentence of a "fixed minimum" term of at least 180 days without parole eligibility. N.J.S.A. 2C:40-26(c). We must decide whether...

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