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STATE v. HESS

A-113 September Term 2009

23 A.3d 373 (2011)

207 N.J. 123

STATE of New Jersey, Plaintiff-Respondent, v. Marie HESS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 21, 2011.

Attorney(s) appearing for the Case

Michele A. Adubato, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Robert D. Bernardi, Burlington County Prosecutor, argued the cause for respondent (Mr. Bernardi, attorney; Timothy M. Ellis, Assistant Prosecutor, on letter in lieu of brief).

Carol M. Henderson, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Richard D. Pompelio, Director, submitted a brief on behalf of amicus curiae New Jersey Crime Victims' Law Center (Mr. Pompelio, attorney; Mr. Pompelio, of counsel; Mr. Pompelio and N. Anthony Palumbo, on the brief).

Justice ALBIN delivered the opinion of the Court.

In a negotiated agreement with the State, defendant Marie Hess pled guilty to aggravated manslaughter for killing her husband James (Jimmy) Hess, a City of Burlington police officer. Under the terms of the agreement, defendant was required to acknowledge that she would receive a thirty-year prison sentence, subject to a parole disqualifier (twenty-five-and-one-half years); to concede that the aggravating factors outweighed...

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