Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Kevin Jerome Hudson A/K/A Kywan Justice, Kywun Hudson, Defendant-Appellant

February 6, 2012209 N.J. 513

Summary

The Court held that the imposition of a second discretionary extended‑term sentence on Hudson violated N.J.S.A. 2C:44‑5(b)(1), which incorporates the prohibition on multiple extended terms from subsection (a). The majority therefore reversed the Appellate Division’s judgment on Count 13 and remanded for resentencing. Justice Patterson dissented, arguing that the statute’s “so far as possible” language permits a second extended term, while Judge Wefing concurred in part and dissented in part, agreeing with the result but offering a different rationale.