Opinion
DOCKET NO. A-1458-11T2
11-14-2012
STATE OF NEW JERSEY, Plaintiff-Respondent, v. WILLIAM HAMMOND, Defendant-Appellant.
Hoagland Longo Moran Dunst & Doukas, attorneys for appellant (William G. McGuinn, on the brief). Christopher J. Gramiccioni, Special Deputy Attorney General/Acting Monmouth County Prosecutor, attorney for respondent (Patricia B. Quelch, Special Attorney General/Acting Assistant Prosecutor, on the brief).
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
Before Judges Axelrad and Nugent.
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Municipal Appeal No. 11-041.
Hoagland Longo Moran Dunst & Doukas, attorneys for appellant (William G. McGuinn, on the brief).
Christopher J. Gramiccioni, Special Deputy Attorney General/Acting Monmouth County Prosecutor, attorney for respondent (Patricia B. Quelch, Special Attorney General/Acting Assistant Prosecutor, on the brief). PER CURIAM
Following his conviction in municipal court of driving while intoxicated, N.J.S.A. 39:4-50, and of failing to display clear license plates, N.J.S.A. 39:3-33, defendant William Hammond filed a notice of appeal. R. 3:23-2. Due to ensuing confusion about whether defendant had also timely and properly filed an indigency application in lieu of the filing fee required by Rule 3:23-2, the Law Division entered an order dismissing defendant's appeal. Defendant appeals from that order.
In light of evidence that defendant timely and properly completed an indigency application, the State "submits that the case should be remanded to the Law Division for determination on its merits." Accordingly, we reverse and remand for a trial de novo in the Law Division.
Reversed and remanded.
I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION