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

Summary

The Supreme Court of New Jersey held that N.J.S.A. 2C:44-5(b)(1) incorporates the prohibition in subsection (a) against multiple extended-term sentences, so the second extended-term sentence imposed on Hudson violated the statute and must be reversed and remanded for resentencing. The Court applied a plain‑meaning reading of the statute and concluded that the "so far as possible" qualifier does not create discretionary leeway to ignore the prohibition. Justice Patterson dissented, arguing that the statute’s language permits discretion in separate sentencing proceedings, and Judge Wefing concurred in part and dissented in part, agreeing with the majority on the need for resentencing but emphasizing the role of judicial discretion. The opinion also clarifies the standard of review as de novo for the statutory construction issue.