State of New Jersey, Plaintiff-Respondent v. Michael Sutton, Defendant-Appellant

Summary

The Supreme Court of New Jersey held that N.J.S.A. 2C:44-5 creates a presumption that a sentence for a probation violation runs consecutively to a subsequent conviction, but the statute does not eliminate the trial court's discretion to impose a concurrent term after considering the factors articulated in State v. Yarbough. Accordingly, the Court remanded the case for resentencing consistent with those guidelines.