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STATE v. HALL

206 N.J. Super. 547 (1985)

503 A.2d 344

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES H. HALL, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided April 29, 1985.

Reargued November 26, 1985.

Decided December 17, 1985.

Attorney(s) appearing for the Case

Stuart Surick argued the cause for appellant.

Stephen P. Tasy, Deputy Attorney General, argued the cause for respondent (Irwin I. Kimmelman, Attorney General, attorney; Stephen P. Tasy, on the letter brief).

Before Judges DREIER and SHEBELL.

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

This court formerly rendered its opinion on the within appeal by decision dated April 29, 1985. We held in that opinion that

The application of N.J.S.A. 2C:44-5b, to determine the permissible aggregate length of the terms to be served, is a function of the parole authorities.

The Parole Board refused to act and defendant moved to compel the Board to apply the statute to defendant's...

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