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STATE v. BALFOUR

135 N.J. 30 (1994)

637 A.2d 1249

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JAMES A. BALFOUR, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 16, 1994.

Attorney(s) appearing for the Case

Laura M. LeWinn argued the cause for appellant.

Carol M. Henderson, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for amicus curiae, Office of the Public Defender (Zulima V. Farber, Public Defender, attorney).

PER CURIAM.

This appeal concerns the interrelationship between the downgrade of the degree of a crime for sentencing and the length of the sentence actually imposed. Specifically, the issue is whether the trial court erred in accepting a plea agreement that downgraded the degree of the crime under N.J.S.A. 2C:44-1(f)(2) and in then sentencing defendant to the maximum term permitted in the presumptive range of the lower-degree crime under N.J.S.A.

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