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Sunday, February 21, 2016

STATE OF NEW JERSEY IN THE INTEREST OF C.F. A-2718-12T2


STATE OF NEW JERSEY IN THE INTEREST OF C.F.
          A-2718-12T2
In 2012, C.F. was charged and tried as a juvenile for a felony murder committed in 1976. He was found guilty and given a ten-year sentence, the maximum permitted by a law enacted in 1983 and still in effect. The State appealed, arguing the judge should have applied the law in effect when the offense was committed that repealed law permitted the imposition of an indeterminate life sentence.
The court affirmed, holding that the trial judge did not violate the savings statute, N.J.S.A. 1:1-15, which generally bars retroactive application of new laws, because the triggering date for application of the savings statute was the date the juvenile "incurred" a "penalty," not the date he "committed" the "offense." The juvenile here did not incur a penalty until found guilty in 2012; the trial judge properly applied the sentencing law on the books at that time and not the law discarded by the Legislature decades earlier.