State v. Chavarria

The defendant pleaded guilty to two counts of operating a motor vehicle during a period of license suspension and one count of DUI. The trial court sentenced him to an aggregate 360-day custodial sentence, which was comprised of consecutive 180-day terms of imprisonment with 180-day periods of parole ineligibility as a condition of probation. The court also imposed a 180-day concurrent custodial sentence on the DUI conviction. The defendant appealed. The Appellate Division reversed and remanded.

The Court determined that the duration of the sentence was legal. However, the Court remanded, because, before the trial court imposed the consecutive sentences, the court did not address the factors under Yarbrough. Moreover, the manner in which the terms of probation were to run—concurrently or consecutively—was unclear.

CHAVARRIA