Remand for Resentencing

The Supreme Court agreed with Hegge & Confusione, reversed the trial and appellate court, and vacated the defendant’s sentence, remanding for resentencing. “In this case, the sentencing judge found a critical aggravating factor based on unfounded assumptions rather than evidence in the record. That unsupported factor was then used to justify not only a sentence at the higher end of the range, but also a parole disqualifier. In addition, the judge failed to articulate reasons to justify the sentence—in particular, how the aggravating and mitigating factors were qualitatively weighed in coming to the term of imprisonment for this first-time offender. The Appellate Division affirmed this flawed sentencing process. Accordingly, we are compelled to reverse the judgment of the Appellate Division, vacate the sentence, and remand for new sentencing proceedings.” State v. Case, 220 N.J. 49, 54 (2014).