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Sunday, May 16, 2021

State v. Edgar Torres (083676) (Monmouth County & Statewide) (A-52-19;

 State v. Edgar Torres (083676) (Monmouth County & Statewide) (A-52-19; 083676)

An explicit statement, explaining the overall fairness of a sentence imposed for multiple offenses in a single proceeding or in multiple sentencing proceedings, is essential to a proper Yarbough sentencing assessment and was lacking here. The lack of any overall assessment of the fairness of the decision to impose consecutive sentences compels reversal of defendant’s sentence and remand for a new resentencing, and the Court provides important guidance regarding that essential assessment.