STATE OF NEW JERSEY VS. KENNETH D. THOMAS (17-06-0548, CUMBERLAND COUNTY AND STATEWIDE) (A-4540-17T4)

STATE OF NEW JERSEY VS. KENNETH D. THOMAS (17-06-0548, CUMBERLAND COUNTY AND STATEWIDE) (A-4540-17T4) The State filed an appeal from a judgment of conviction imposing a probationary sentence on defendant for third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2), involving domestic violence, although aggravating factor fifteen, N.J.S.A. 2C:44-1(a)(15), was found by the court and thus a presumption of incarceration applied, N.J.S.A. 2C:44-1(d). Because the State has no authority to appeal from a sentence for a third-degree crime that is statutorily permitted, the court dismissed the appeal.