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STATE v. MILLER

079342 A-70 September Term 2017.

203 A.3d 102 (2019)

237 N.J. 15

STATE of New Jersey, Plaintiff-Appellant, v. Michael D. MILLER, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 20, 2019.

Attorney(s) appearing for the Case

Lisa Sarnoff Gochman , Freehold, Legal Assistant, argued the cause for appellant ( Christopher J. Gramiccioni , Monmouth County Prosecutor, attorney; Lisa Sarnoff Gochman, of counsel and on the briefs).

Michael T. Denny , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Michael T. Denny, of counsel and on the briefs, and William Welaj , Designated Counsel, on the briefs).

Regina M. Oberholzer , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Regina M. Oberholzer, of counsel and on the brief).

In this appeal, we first consider whether it is an abuse of discretion for a trial court to apply aggravating factor one when sentencing a defendant convicted of possessing and distributing child pornography. Second, we consider whether defendant Michael Miller was appropriately sentenced...

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