State of New Jersey, Plaintiff-Appellant v. Kim Dunbar, Defendant-Respondent

Summary

The New Jersey Supreme Court reversed the Appellate Division and reinstated the trial court's sentence, holding that the appellate court erred in removing a seven‑year parole ineligibility period for a persistent offender because the sentencing court's discretion was not a clear error, that appellate review of such sentencing decisions is limited to an abuse‑of‑discretion standard, and that a parole‑ineligibility term may be imposed only when the court finds aggravating factors substantially outweigh mitigating factors and records those factors.