6-26-08 (A-62-07)
The extended-term-sentencing statute provides that a judge must place on the record his or her reasoning for applying an
extended term to a different charge than that sought by the prosecutor. Therefore, this matter must be remanded to the
trial court for an explanation of why it declined to accept the prosecutor’s application to apply an extended term sentence to
the eluding count and instead applied the extended term to the robbery count.