Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. John Maguire, Defendant-Respondent

December 2, 198084 N.J. 508

Summary

The Supreme Court of New Jersey reversed the resentencing panel, holding that persons serving mandatory life sentences for murder under former law are not entitled to resentencing because the Code’s maximum penalty for murder includes a discretionary life term and does not require proof of the enhancement criteria. Accordingly, the crime of murder under the Code may carry a life sentence without separate enhancement findings.