STATE VS. DIANA M. PALMA A-3473-10T3

STATE VS. DIANA M. PALMA  A-3473-10T3

On appeal from a trial de novo in the Law Division, we reverse and remand for resentencing consistent with the principles established in State v. Moran, 202 N.J. 311 (2010).  We hold that the imposition of a custodial sentence for careless driving, N.J.S.A. 39:4-97, requires a finding of aggravating circumstances evincing as "a matter of degree" more than mere carelessness, and that the tragic death of the victim, resulting from a motor vehicle violation, is not dispositive of whether a custodial sentence is appropriate under the circumstances. 06-26-12