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

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded the case, holding that a probation violation is a mitigating factor, not an aggravating one, and therefore may not be used to impose a custodial sentence longer than the presumptive term, to add parole ineligibility, or to order consecutive sentences. The Court also clarified the proper application of the New Jersey sentencing code at a probation‑violation hearing.