STATE OF NEW JERSEY VS. JAMES D. PENNINGTON
A-2637-09T2
Based upon its derivation from the Model Penal Code, we
hold that, when read together, N.J.S.A. 2C:44-5(b)(1) and
N.J.S.A. 2C:44-5(a)(2) prohibit the imposition of a second
extended term on a defendant who is serving an extended term for
a crime committed after the one for which the sentence is being
imposed, subject to the statutory exception for crimes committed
while incarcerated. 03-21-11
