State v. Torres

Do you practice criminal law in NJ? If so, read State v. Torres, where the New Jersey Supreme Court considered the imposition of an aggregate seventy-year sentence, subject to an eighty-five percent parole disqualifier, for the defendant’s role in five robberies. The Court ruled that an explicit statement explaining the overall fairness of a sentence imposed for multiple offenses in a single proceeding or multiple sentencing proceedings is essential to a proper sentencing assessment under State v. Yarbough, 100 N.J. 627 (1985). Here, the lack of any overall assessment of the fairness of the decision to impose consecutive sentences compelled the Court to reverse and remand for resentencing. Moreover, the Court provided important guidance regarding that essential assessment.

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