State v. Kulgod Sentencing court could consider Twitter posts not admissible in a trial
State appealed defendant's downgraded sentence for vehicular homicide. The Event Data Recorder in defendant's car showed he was traveling 86 miles per hour in a 45 miles per hour zone five seconds before impact. Car's anti-lock braking system activated two seconds before impact. Car was going over 52 miles per hour at impact. Defendant's car crossed the double yellow line and struck the front of victim's car, killing the driver. Jury found defendant guilty. Sentencing judge found aggravating factor nine, mitigating factors seven and nine and imposed the minimum five-year NERA term. Appellate court remanded for resentencing and ordered mitigating factor 14 be considered. State had recovered 11 of defendant's Twitter posts pursuant to a warrant and asked resentencing court to consider them. The posts bragged about defendant's "triple digit speed" and 4-wheel-drifts.
Sentencing court denied the motion because the posts had been ruled inadmissible at trial and applied aggravating factor nine, mitigating factors seven, nine and 14; downgraded the crime to a second-degree offense and imposed a four-year NERA sentence. Court vacated and remanded for a second resentencing, finding sentencing court abused its discretion in not considering the social media posts because they were not stale and admissibility at trial was not controlling. Additionally, sentencing judge's reasons for downgrading the offense were not sufficiently explained. Source https://www.law.com/njlawjournal/almID/1680635024NJA215121/
