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STATE v. PINEDA

119 N.J. 621 (1990)

575 A.2d 855

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. EDWIN ANTONIO PINEDA, A/K/A FLACKO, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 25, 1990.

Attorney(s) appearing for the Case

Carol M. Henderson, Deputy Attorney General, argued the cause for appellant (Peter N. Perretti, Jr., Attorney General of New Jersey, attorney).

Gerald J. Council argued the cause for respondent (Blackburn and Dixon, attorneys).

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

Pursuant to a plea agreement, defendant, Edwin Antonio Pineda, pled guilty to death by auto, a third-degree crime. N.J.S.A. 2C:11-5b. The Law Division sentenced him to four years' imprisonment, with a 270-day parole disqualifier. On defendant's appeal, the Appellate Division ruled that the sentence violated the legislative guidelines and remanded the matter for...

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