STATE OF NEW JERSEY VS. JOHN D. HARRIS, III
STATE OF NEW JERSEY VS. SABRINA KING
STATE OF NEW JERSEY VS. ROBERT M. KACZAK
STATE OF NEW JERSEY VS. KRISTIN L. MITCHELL
STATE OF NEW JERSEY VS. WILLIAM HANGSTORFER
STATE OF NEW JERSEY VS. MANDI FILER
A-3591-12T1/A-4003-12T1/A-5957-12T1/A-6112-12T1/A-0162-13T1/A-1523-13T1(CONSOLIDATED)
Following our recent opinion in State v. French, 437 N.J. Super. 333 (App. Div. 2014), we hold that a defendant convicted of violating either N.J.S.A. 2C:40-26a or N.J.S.A. 2C:40-26b must be sentenced to at least 180 days in jail without parole. French held that a sentence to an in-patient drug rehabilitation program in lieu of jail was an illegal sentence under section 26b. We conclude that, under section 26a or 26b, a sentence to any other non-custodial alternative program, such as a home detention program (HEDS) or a community service program (CSLS), is likewise illegal.
