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Tuesday, December 08, 2020

STATE OF NEW JERSEY VS. IAN P. STEINGRABER (14-08-0867, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-3781-19T3)

 STATE OF NEW JERSEY VS. IAN P. STEINGRABER (14-08-0867, UNION COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (A-3781-19T3)

This appeal requires the court to decide whether the terms of a negotiated plea agreement waived the prosecutor's requirement to move for imposition of parole supervision for life (PSL) under N.J.S.A. 2C:43-6.4. By leave granted, the State appealed from a Law Division order that granted defendant's amended petition for post-conviction relief (PCR), as further amended by the PCR court sua sponte to a motion for reduction of sentence.

The PCR court concluded the trial court's imposition of PSL – in the absence of a motion by the prosecutor as required under the PSL statute – constituted an illegal sentence. This court, however, determined the sentence was not illegal, but remanded for the trial court to consider whether PSL should have been imposed.