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STATE v. CALVACCA

199 N.J. Super. 434 (1985)

489 A.2d 1199

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ROBERT CALVACCA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 13, 1985.

Attorney(s) appearing for the Case

Robert C. LaSalle argued the cause for appellant (Giordano & LaSalle, attorneys).

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for respondent (Alan A. Rockoff, Middlesex County Prosecutor, attorney; Barbara C. Hassler, Assistant Prosecutor, of counsel; Simon Louis Rosenbach and Barbara C. Hassler, on the brief).

Before Judges MATTHEWS, FURMAN and HAVEY.

The opinion of the court was delivered by FURMAN, J.A.D.

At issue on appeal is whether defendant's conviction and sentence for drunk driving, N.J.S.A. 39:4-50, infringed his constitutional protection against double jeopardy. The conviction was his second for drunk driving. His sentence after a trial de novo on the transcript was identical to that imposed in the Municipal Court: a fine of $1,000, revocation of his driver's license for three years and...

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