State of New Jersey, Plaintiff-Respondent v. Rubin Molina, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the Appellate Division’s affirmation of a resentencing that imposed consecutive maximum terms and parole ineligibility on a drug‑possession defendant. The Court clarified how probation violations may be considered in the "in‑out" decision, required proper weighing of original aggravating and surviving mitigating factors, held that Title 24 drug offenses are not subject to Code degree‑related sentencing provisions, affirmed that parole‑ineligibility can be attached to such offenses, and remanded for further determination of concurrency without treating probation violations as aggravating factors.