STATE v. DIGGS


754 A.2d 561 (2000)

333 N.J. Super. 7

STATE of New Jersey, Plaintiff-Respondent, v. Matthew DIGGS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 13, 2000.


Attorney(s) appearing for the Case

J. Michael Blake, Assistant Deputy Public Defender, for defendant-appellant (Ivelisse Torres, Public Defender, attorney; Mr. Blake, of counsel and on the brief).

Jack L. Weinberg, Assistant Prosecutor, for plaintiff-respondent (Lee A. Solomon, Camden County Prosecutor, attorney; Mr. Weinberg, of counsel and on the brief).

Before Judges KEEFE, A.A. RODRÍGUEZ and COLLESTER.


The opinion of the court is delivered by RODRIGUEZ, A.A., J.A.D.

The issue presented in this appeal is whether a defendant serving a term that includes a period of parole ineligibility, pursuant to N.J.S.A. 2C:35-7, is eligible for transfer to a drug treatment program pursuant to R. 3:21-10(b) prior to the expiration of the parole ineligibility period. We hold that a period of parole ineligibility imposed pursuant to N.J.S.A. 2C:35-7 is mandatory...

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