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State v. Bellamy

Supreme Court of New Jersey
Jun 7, 1990
584 A.2d 239 (N.J. 1990)

Opinion

June 7, 1990.


This matter having come before the Court on defendant's petition for certification that, in part, seeks review of so much of the judgment in A-4839-86 as affirms a sentence imposing on one occasion maximum consecutive terms for two robberies; and it appearing that the reasons for the consecutive features of the sentence were not "separately stated in the sentencing decision" in accordance with State v. Yarbough, 100 N.J. 627 , 643, 498 A.2d 1239 (1985);

And it further appearing that the period of criminal behavior and successive terms for the robbery counts require particularized consideration in this case, a clear explanation of the sentence being an important element in our system of principled sentencing, State v. Pillot, 115 N.J. 558 , 572, 560 A.2d 634 (1979);

It is ORDERED that certification is granted, limited to the sentencing issue, and the matter is summarily remanded to the Law Division for resentencing, with particular consideration of factors (3)(b) and (5) of Yarbough concerning the period of criminal behavior and the successive terms for the robbery counts to be accompanied by an explanation of the sentencing determination; and it is further

ORDERED that the petition for certification is, in all other respects, denied.


Summaries of

State v. Bellamy

Supreme Court of New Jersey
Jun 7, 1990
584 A.2d 239 (N.J. 1990)
Case details for

State v. Bellamy

Case Details

Full title:STATE OF NEW JERSEY v. STANLEY L. BELLAMY

Court:Supreme Court of New Jersey

Date published: Jun 7, 1990

Citations

584 A.2d 239 (N.J. 1990)
122 N.J. 177