State of New Jersey, Plaintiff-Respondent v. Edward Joseph Ryan, Defendant-Appellant

Summary

The New Jersey Supreme Court reversed the Appellate Division and reinstated the original three‑to‑five year custodial sentence, holding that increasing the sentence after a probation revocation when the defendant had already begun serving the original term violates the Double Jeopardy Clause. The Court affirmed the denial of sentence credit for time spent on probation and held that N.J.S.A. 2A:168‑4 applies to sentence modifications under R.3:21‑10(b). Justice Schreiber, in a concurring in part and dissenting in part opinion, disagreed with the double‑jeopardy holding and would have upheld the increased sentence.