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STATE v. WHITEHEAD

80 N.J. 343 (1979)

403 A.2d 884

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL WHITEHEAD, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided June 20, 1979.

Attorney(s) appearing for the Case

Mr. Gerald P. Boswell and Ms. Marilyn J. Morheuser, Assistant Deputy Public Defenders, argued the cause for appellant (Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney; Mr. Boswell and Ms. Morheuser, of counsel and on the brief).

Ms. Andrea R. Grundfest, Assistant Essex County Prosecutor, argued the cause for respondent (Mr. John J. Degnan, Attorney General of New Jersey, attorney; Mr. Donald S. Coburn, Essex County Prosecutor, of counsel; Ms. Grundfest and Mr. Frank J. Cozzarelli, Assistant Essex County Prosecutor, on the brief).

The opinion of the court was delivered by SULLIVAN, J.

Defendant was convicted by a jury verdict of second degree murder while armed. At the time of sentencing, defense counsel objected to the use of sentencing guidelines formulated for Essex County. However, the trial judge stated that the material in the guidelines was informational only and not binding on the sentencing judge in any sense. Defendant was then sentenced to a term in State Prison aggregating not less...

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