State v. Kevin Jerome Hudson (066660; A-64-10) [This is a companion case to State v. Sally A. McDonald, also decided today.]
In this case in which an indictment was severed, resulting in two trials and two sentencing proceedings, and the first sentencing court imposed an extended-term prison sentence, it was error for the second court also to impose an extend-term sentence. The time and sequence of the offenses and sentencings brought the defendant squarely under N.J.S.A. 2C:44- 5(b)(1)’s proscription against multiple extended-term sentences. 2-6-12
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