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.