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STATE v. MOLINA

114 N.J. 181 (1989)

553 A.2d 332

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. RUBIN MOLINA, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided February 7, 1989.

Attorney(s) appearing for the Case

David L. Kervick, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Julie Davidson, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by POLLOCK, J.

In the companion case, State v. Baylass, 114 N.J. 169, decided today, we held that probation violations may be used on the "in-out" decision whether to revoke probation and incarcerate the defendant. We held further that a probation violation is neither an aggravating factor nor evidence of such a factor. The violation, however, may...

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