State of New Jersey, Plaintiff-Appellant v. James S. Marzolf, Defendant-Respondent

Summary

The Supreme Court of New Jersey reversed the Appellate Division and reinstated defendant James Marzolf's conviction for simple possession of marijuana and the six‑month custodial sentence. The Court held that a sentencing judge may consider the quantity of marijuana possessed and infer commercial intent when imposing a sentence for simple possession, even where a plea bargain dismissed the intent‑to‑distribute charge, and that such consideration does not violate the plea agreement. The Court also found the custodial sentence not manifestly excessive given the large quantity involved. Justice Pashman dissented, arguing that the sentence violated due‑process and the plea bargain.