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STATE v. McDONALD

A-56 September Term 2010.

35 A.3d 669 (2012)

209 N.J. 78

STATE of New Jersey, Plaintiff-Respondent, v. Sally A. McDONALD, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 6, 2012.

Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Mary R. Juliano, Assistant Prosecutor, argued the cause for respondent (Peter E. Warshaw, Jr., Monmouth County Prosecutor, attorney; Ms. Juliano and Patricia B. Quelch, Assistant Prosecutor, of counsel and on the briefs).

Natalie A. Schmid Drummond, Deputy Attorney General, argued the cause on behalf of amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

This appeal is the companion to State v. Hudson, ___ N.J. ___, ___ A.3d ___, 2012 WL 360464 (2012), because it also involves the application of N.J.S.A. 2C:44-5(b) to an extended-term sentence. Here, the sentence was imposed on defendant Sally McDonald for an offense committed prior to an offense for which she already was serving another...

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