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 thirty- year 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
