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STATE v. JOHNSON

176 N.J. Super. 1 (1980)

421 A.2d 1016

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES F. JOHNSON, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided October 8, 1980.

Attorney(s) appearing for the Case

John S. Redden, Assistant Essex County Prosecutor, argued the cause for appellant (John J. Degnan, Attorney General, attorney; Donald S. Coburn, Essex County Prosecutor, of counsel).

Lawrence Bitterman, Assistant Deputy Public Defender, argued the cause for respondent (Stanley C. Van Ness, Public Defender, attorney).

Before Judges MICHELS, ARD and FURMAN.

The opinion of the court was delivered by FURMAN, J.S.C. (temporarily assigned).

On this appeal by the State from a judgment of resentence by the three-judge resentencing panel, the State contends that the panel, which was constituted by a directive of the Supreme Court (see 104 N.J.L.J. 489 (December 6, 1979)), exceeded its authority and misapplied statutory and decisional law in granting defendant's motion for a resentence under N.J.S.A. 2C:1-1 d(2...

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