State v. Bellamy

In State v. Bellamy, the New Jersey Appellate Division dealt with several issues related to the resentencing of a defendant. First, the Court held that a resentencing upon remand should be conducted de novo unless the appellate court explicitly orders otherwise. Second, the Court ruled that the sentencing court should have considered the newest mitigating factor under N.J.S.A. 2C:44-1(b)(14) regarding a youthful offender, though the factor was enacted about one month before the defendant’s resentencing. And finally, given the relevance of that factor, the sentencing court erred in denying the defendant’s subpoena to get her records from DCP&P to illustrate her troubled childhood.

BELLAMY