State v. Cianci
Decision Date | 28 March 1955 |
Docket Number | No. A--136,A--136 |
Citation | 113 A.2d 176,18 N.J. 191 |
Parties | STATE of New Jersey, Plaintiff-Appellant, v. Emedio CIANCI, Defendant-Respondent. |
Court | New Jersey Supreme Court |
On appeal from a judgment of the Superior Court, Appellate Division, where the following Per curiam opinion was filed.
'Appeal is take from a trial court's denial of defendants application to correct an alleged illegal sentence. The history of this case is fully set forth in a previous opinion of this court decided March 26, 1954. The question here considered was not disposed of in that appeal. Defendant contends that the trial judge erred in sentencing him to a term of not more than 20 years nor less than 10 years on his conviction for Indictment No. 32 in that the indictment charges different substantive crimes each requiring a separate sentence.
'Indictment No. 32 charges defendant and others with violating (1) in the first count R.S. 2:166--1 and R.S. 2:176--5 and (2) in the second count R.S. 2:110--2 and R.S. 2:176--5 'R.S. 2:166--1 provides:
'Confusion arises in the prosecutor's argument with the contention that in effect but one crime has been committed and that basically Indictment No. 32 is so limited. A reading of the two counts obviously reveals the commission of two crimes: (1) of robbery where defendant was armed and (2) of an assault upon the victim.
'The sentence record does not specify what part of the sentence is levied on the first count and what part is levied on the second count. It reads:
"Defendant being placed to the Bar for sentence he is sentenced to State Prison at hard labor for a maximum term of twenty (20) years and a minimum term of ten (10) years and...
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...LaVera, 35 N.J.Super. 256, 113 A.2d 829 (App.Div.1955), certiorari denied 350 U.S. 853, 76 S.Ct. 95, 100 L.Ed. 758; cf. State v. Cianci, 18 N.J. 191, 113 A.2d 176 (1955)). These sentences could have been consecutive in nature (State v. Mahaney, 73 N.J.L. 53, 62 A. 265 (Sup.Ct.1905); In re D......
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