State v. Braeunig
| Citation | 140 N.J.Super. 245,356 A.2d 33 |
| Parties | STATE of New Jersey, Plaintiff-Respondent, v. Raymond BRAEUNIG, Petitioner-Appellant. |
| Decision Date | 10 March 1976 |
| Court | New Jersey Superior Court — Appellate Division |
On appeal from Superior Court, Law Division, reported at 135 N.J.Super. 89, 342 A.2d 596 (Law Div.1975).
James K. Smith, Jr., Asst. Deputy Public Defender, for petitioner-appellant (Stanley C. Van Ness, Public Defender, attorney, William D. Knowlton, Asst. Deputy Public Defender, of counsel and on the brief).
Mart Vaarsi, Deputy Atty. Gen., for respondent (William F. Hyland, atty. Gen., attorney, Mart Vaarsi, of counsel and on the brief).
Before Judges HALPERN, CRANE and MICHELS.
Defendant was convicted for bookmaking and aiding and abetting bookmaking. He was sentenced to State Prison for a term of two to three years, fined and placed on probation for a period of 12 months following the completion of the custodial sentence.
The State concedes that the sentence imposed was illegal in that the trial judge did not have the power to impose the 12 month probationary term following the State Prison sentence. State v. Pietrowski, 136 N.J.Super. 383, 346 A.2d 427 (App.Div.1975); Bonilla v. Heil, 126 N.J.Super. 538, 315 A.2d 720 (App.Div.1974); State v. Fisher, 115 N.J.Super. 373, 279 A.2d 885 (App.Div.1971). However, at oral argument, defendant requested the matter not be remanded for resentencing, but that we exercise our original jurisdiction and correct the sentence by vacating the 12 month probationary term.
Accordingly, the judgment below is modified so as to vacate the 12 month probationary period imposed. As modified, the judgment below is affirmed.
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State v. Reyes
...time spent on probation. State v. Braeunig, 135 N.J.Super. 89, 94, 342 A.2d 596 (Law Div.1975), mod. on other grounds, 140 N.J.Super. 245, 356 A.2d 33 (App.Div.1976). It has been argued that attendance at a rigorous residential drug program is the equivalent of time spent "in custody in jai......
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State v. Ryan
...410 A.2d 251. See also State v. Braeunig, 135 N.J.Super. 89, 94, 342 A.2d 596 (Law Div. 1975), mod. on other grounds, 140 N.J.Super. 245, 356 A.2d 33 (App.Div.1976). However, because we disagree with the Appellate Division's resolution of defendant's double jeopardy argument, we reverse the......
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State v. Williams
...Smeen. Nor are the facts in this case similar to State v. Braeunig, 135 N.J.Super. 89, 342 A.2d 596 (Law Div.1975), mod. 140 N.J.Super. 245, 356 A.2d 33 (App.Div.1976), certif. den. 66 N.J. 325, 331 A.2d 25 (1974). In Braeunig the court, in our judgment, properly denied credit pursuant to R......
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State v. Smeen
...561, 100 A.2d 674 (1953); State v. Braeuning, 135 N.J.Super. 89, 94, 342 A.2d 596 (Law Div.1975), mod. on other grounds 140 N.J.Super. 245, 356 A.2d 33 (App.Div.1976). See also, American Bar Association, Standards Relating to Pretrial Release, § 5.2(b) and commentary thereon (1968), and Cf.......