Summary
In Nayee, our Supreme Court summarily remanded the matter for resentencing where the trial court "refus[ed] to consider the record before it in respect of defendant's mental illness as a mitigating factor."
Summary of this case from State v. J.V.Opinion
September 20, 2007.
ORDERED that the petition for certification is granted, limited solely to the issue of the trial court's refusal to consider the record before it in respect of defendant's mental illness as a mitigating factor under N.J.S.A. 2C:44-1b(4) in arriving at its sentence; and it is further
ORDERED that the matter is summarily remanded to the trial court for resentencing in the light of State v. Nataluk, 316 N.J.Super. 336 , 349, 720 A.2d 401 (1998).