Law Division Must Correct an Illegal DWI Sentence – State v. Schimenti (UNP)

In State v. Schimenti, an UNPUBLISHED Appellate Division case released this morning, the Court ruled that a plea agreement calling for the imposition of an illegal sentence cannot be sustained and must be corrected by the Law Division on review. The illegal DWI sentence had been the subject of a municipal appeal by the State. The Law Division declined to amend the sentence because it had originally been reached as part of a plea agreement.

Recalling that such plea agreements in DWI cases are illegal, the Appellate Division noted that a reviewing court has a duty to correct illegal sentences.

Download a copy of the UNPUBLISHED decision in State v. Schimenti

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