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Monday, March 21, 2011

STATE OF NEW JERSEY VS. JAMES D. PENNINGTON A-2637-09T2

STATE OF NEW JERSEY VS. JAMES D. PENNINGTON

A-2637-09T2

Based upon its derivation from the Model Penal Code, we

hold that, when read together, N.J.S.A. 2C:44-5(b)(1) and

N.J.S.A. 2C:44-5(a)(2) prohibit the imposition of a second

extended term on a defendant who is serving an extended term for

a crime committed after the one for which the sentence is being

imposed, subject to the statutory exception for crimes committed

while incarcerated. 03-21-11