Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Edward Joseph Ryan, Defendant-Appellant
April 20, 198186 N.J. 1
Summary
The Supreme Court of New Jersey reversed the Appellate Division and reinstated the defendant's original three‑to‑five‑year custodial sentence, holding that increasing a sentence after a probation violation when part of the original term has already been served violates the Double Jeopardy Clause. The Court affirmed the lower court's rulings that sentence credit for probation time is unavailable and that N.J.S.A. 2A:168‑4 applies to R. 3:21‑10(b) modifications. Justice SCHREIBER filed a partial concurrence and dissent.