The Supreme Court rarely takes up sentencing appeals. But the Court announced that it has done just that in State v. Rivera. The question presented, as phrased by the Supreme Court Clerk’s office, is “Was the sentencing court’s finding and weighing of the aggravating and mitigating factors based on sufficient, credible evidence in the record and did the court adequately explain its reasoning?” A two-judge Appellate Division panel, in an unpublished order that (along with the transcript of oral argument before the panel) is available here, affirmed the Law Division and held that “the sentence is not manifestly excessive or unduly punitive and does not constitute an abuse of discretion.”
A Sentencing Appeal for the Supreme Court
