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Sunday, January 10, 2016

STATE OF NEW JERSEY VS. MWANZA FITZPATRICK/ STATE OF NEW JERSEY VS. KEEYAN BRISTER A-2477-14T3/ A-2478-14T3


 STATE OF NEW JERSEY VS. MWANZA FITZPATRICK/
          STATE OF NEW JERSEY VS. KEEYAN BRISTER
          A-2477-14T3/ A-2478-14T3
These consolidated appeals present a question of first impression of what is the time within which the State can appeal the denial of a drug offender restraining order sought in connection with a sentence. At sentencing, the State requested drug offender restraining orders in accordance with N.J.S.A. 2C:35-5.7(h). The sentencing court denied those applications and the State appealed. We hold that the governing statute, N.J.S.A. 2C:35-5.7(k), requires such appeals to be filed within ten days of the date of sentencing. Because the State failed to file its notices of appeal in these matters within the ten-day period, we dismiss both appeals for lack of jurisdiction.