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STATE v. PHILLIPS

154 N.J. Super. 112 (1977)

380 A.2d 1197

STATE OF NEW JERSEY, PLAINTIFF, v. HARLEY V. PHILLIPS, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF, v. DAVID SEAY, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF, v. MATTHEW S. SMITH, DEFENDANT. STATE OF NEW JERSEY, PLAINTIFF, v. CLARENCE WELDEN, JR., DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal).

Decided November 1, 1977.

Attorney(s) appearing for the Case

Mr. Charles E. Viel for defendants Phillips, Smith and Weldon (Harry R. Adler, attorney).

Mr. David C. Harper for defendant Seay.

Mr. Kevin P. McCann, Assistant County Prosecutor for plaintiff (Mr. William P. Doherty, Prosecutor of Cumberland County, attorney).

PORRECA, J.C.C. Temporarily Assigned.

These are four appeals from four separate sentences imposed by the municipal courts of Downe Township and Upper Deerfield Township after the courts found defendants guilty of violating N.J.S.A. 39:4-50. Each of the four defendants contends that the trial judge erred in holding him to be a subsequent offender under the statute (N.J.S.A. 39:4-50) as amended by L. 1977, c. 29, effective May 25, 1977, by...

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