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Tuesday, February 14, 2012

State v. Sally A. McDonald (066773; A-56-10)

State v. Sally A. McDonald (066773; A-56-10)           [This is a companion case to State v. Kevin Jerome           Hudson, also decided today.] 
          For the reasons expressed in State v. Hudson, also           decided today, the majority of the Court adheres to a           plain-meaning reading of the language of N.J.S.A.           2C:44-5(b)(1), and finds that the sentencing court           erred by imposing an extended-term sentence on           defendant Sally A. McDonald for an offense that she           pled guilty to second in time but that was committed           earlier than the imposition of the extended-term           sentence that she presently is serving. 2-6-12