Presumptive Terms Eliminated – State v. Natale

This morning’s New Jersey Supreme Court decision in State v. Natale eliminates the use of presumptive terms for sentences imposed under the New Jersey Code of Criminal Justice. The justices concluded that the imposition of a sentence in excess of the statutory presumptive term violates the United States Constitution as interpreted by the U.S. Supreme Court in Apprendi, Blakely and Booker.

In the future, judges will sentence within the statutory range provided for the crime based upon aggravating and mitigating factors without regard to the presumptive term.

Because this represents a new rule of law, the justices have ordered that it be given so-called “pipeline retro-activity” only.

Download a copy of State v. Natale

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