Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Reynaldo Lagares, A/K/A “papo,” Defendant-Appellant

February 6, 1992127 N.J. 20

Summary

The Supreme Court of New Jersey held that the repeat‑offender sentencing provision of the Comprehensive Drug Reform Act (N.J.S.A. 2C:43‑6f) is unconstitutional because it gives the prosecutor unbridled discretion without guidelines or meaningful judicial review, and it ordered the adoption of procedural safeguards. The Court affirmed the constitutionality of the mandatory drug‑enforcement‑and‑demand‑reduction (DEDR) penalties under N.J.S.A. 2C:35‑15, finding them rationally related to a legitimate state interest and not cruel and unusual. The judgment of the Appellate Division was reversed in part and remanded for further proceedings consistent with the new directives.