STATE OF NEW JERSEY VS. JOHN J. LAWLESS, JR.
A-2064-10T3
Defendant pled guilty to aggravated manslaughter and
driving while intoxicated. After consuming a large amount of
beer, defendant fell asleep at the wheel of his car, crossed the
center line of the road and collided with an on-coming car,
killing the driver and causing serious injuries to the
passengers. Citing aggravating factors two (the gravity and
seriousness of the harm inflicted), three (the risk that
defendant will commit another offense), six (the extent of
defendant's prior criminal record), and nine (the need for
specific and general deterrence), the judge imposed a thirtyyear
term of imprisonment for the aggravated manslaughter
charge.
We held that the record did not support reliance on
aggravating factor two because defendant pled guilty to only one
charge involving one victim; therefore, the judge could not rely
on the injuries suffered by other victims of the collision. We
also held that the judge could not rely on multiple prior
driving while intoxicated convictions because these charges are
not considered crimes. We remanded for reconsideration of the
sentence in accordance with the aggravating factors supported by
the record. 12-07-11
