State v. McPhall

CourtNew Jersey Superior Court – Appellate Division
Citation637 A.2d 544,270 N.J.Super. 454
PartiesSTATE of New Jersey, Plaintiff-Appellant, v. William McPHALL, Defendant-Respondent. STATE of New Jersey, Plaintiff-Appellant, v. William BROWN, Defendant-Respondent.
Decision Date24 January 1994

Page 454

270 N.J.Super. 454
637 A.2d 544
STATE of New Jersey, Plaintiff-Appellant,
v.
William McPHALL, Defendant-Respondent.
STATE of New Jersey, Plaintiff-Appellant,
v.
William BROWN, Defendant-Respondent.
Superior Court of New Jersey,
Appellate Division.
Submitted Jan. 3, 1994.
Decided Jan. 24, 1994.

[637 A.2d 545]

Page 455

Clifford J. Minor, Essex County Prosecutor, attorney for appellant (Debra Cannella, Assistant Prosecutor, of counsel and on the brief).

Zulima V. Farber, Public Defender, attorney for respondent (Mordecai Garelick, Assistant Deputy Public Defender, of counsel and on the letter brief.

Before Judges J.H. COLEMAN and LEVY.

Page 456

LEVY, J.S.C., [temporarily assigned].

We have considered these matters together as they encompass the same legal issue. In each case, pursuant to a negotiated sentence, the defendant was sentenced to probation conditioned on imprisonment for 364 days in the county jail, but shortly thereafter the sentencing judge granted the defendant's application for admission to an intensive supervision program (ISP). The State appeals and we reverse, because there is no legislative authority permitting a mandatory period of incarceration to be vitiated by diversion into ISP.

Defendant William McPhall was charged with three offenses. Pursuant to a plea agreement, he pled guilty to third-degree possession of cocaine, in violation of N.J.S.A. 2C:35-10a(1) and third-degree possession of cocaine with intent to distribute within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, and negotiated a sentence of probation conditioned on serving 364 days in the county jail. The agreement was effected at sentencing, the probation being assessed for two years, but within a month McPhall applied for admission to ECLIPSE, an ISP program, and the court granted his application.

Defendant William Brown was indicted for multiple offenses, and he entered a guilty plea to third-degree conspiracy, in violation of N.J.S.A. 2C:5-2, third-degree possession of cocaine with intent to distribute within 1,000 feet of a school, in violation of N.J.S.A. 2C:35-7, and fourth-degree possession of a firearm, in violation of N.J.S.A. 2C:39-10. Pursuant to a negotiated sentence under N.J.S.A. 2C:35-12, he was sentenced to three years of probation conditioned on 364 days imprisonment in the county jail for the possession of cocaine. He, too, applied for admission to ISP and was admitted on a trial basis.

In State v. Bridges, 252...

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4 practice notes
  • State v. Haliski
    • United States
    • United States State Supreme Court (New Jersey)
    • April 20, 1995
    ...this limitation was modified by L. 1993, c. 123, § 2a(3), to permit some second-degree offenders to be considered. State v. McPhall, 270 N.J.Super. 454, 457, 637 A.2d 544 (App.Div.), certif. denied, 137 N.J. 309, 645 A.2d 138 Not only was ISP initiated in 1983 without legislative approval, ......
  • State v. Arroyo-Nunez, DOCKET NO. A-3746-20
    • United States
    • New Jersey Superior Court – Appellate Division
    • January 18, 2022
    ...the defendants moved for a change of sentence and admission into the Intensive Supervision Program (ISP) under Rule 3:21-10(b)(6). 270 N.J. Super. 454, 456, 637 A.2d 544 (App. Div. 1994). We reversed the trial court's orders permitting entry into the program because both the defendants were......
  • State v. Brown, C-1017
    • United States
    • United States State Supreme Court (New Jersey)
    • June 30, 1994
    ...A.2d 138 State v. Brown (William) NO. C-1017 SEPT.TERM1993 Supreme Court of New Jersey June 30, 1994 Lower Court Citation or Number: 270 N.J.Super. 454, 637 A.2d 544 Denied. ...
  • State v. McPhall, C-1016
    • United States
    • New Jersey Supreme Court
    • June 30, 1994
    ...A.2d 138 State v. McPhall (William) NO. C-1016 SEPT.TERM1993 Supreme Court of New Jersey June 30, 1994 Lower Court Citation or Number: 270 N.J.Super. 454, 637 A.2d 544 Denied. ...
4 cases
  • State v. Haliski
    • United States
    • United States State Supreme Court (New Jersey)
    • April 20, 1995
    ...this limitation was modified by L. 1993, c. 123, § 2a(3), to permit some second-degree offenders to be considered. State v. McPhall, 270 N.J.Super. 454, 457, 637 A.2d 544 (App.Div.), certif. denied, 137 N.J. 309, 645 A.2d 138 Not only was ISP initiated in 1983 without legislative approval, ......
  • State v. Arroyo-Nunez, DOCKET NO. A-3746-20
    • United States
    • New Jersey Superior Court – Appellate Division
    • January 18, 2022
    ...the defendants moved for a change of sentence and admission into the Intensive Supervision Program (ISP) under Rule 3:21-10(b)(6). 270 N.J. Super. 454, 456, 637 A.2d 544 (App. Div. 1994). We reversed the trial court's orders permitting entry into the program because both the defendants were......
  • State v. Brown, C-1017
    • United States
    • United States State Supreme Court (New Jersey)
    • June 30, 1994
    ...A.2d 138 State v. Brown (William) NO. C-1017 SEPT.TERM1993 Supreme Court of New Jersey June 30, 1994 Lower Court Citation or Number: 270 N.J.Super. 454, 637 A.2d 544 Denied. ...
  • State v. McPhall, C-1016
    • United States
    • New Jersey Supreme Court
    • June 30, 1994
    ...A.2d 138 State v. McPhall (William) NO. C-1016 SEPT.TERM1993 Supreme Court of New Jersey June 30, 1994 Lower Court Citation or Number: 270 N.J.Super. 454, 637 A.2d 544 Denied. ...

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