AZIZ M. THABO VS. Z TRANSPORTATION(L-3296-15, PASSAIC COUNTY AND STATEWIDE), A-2530-16T2

Background

In March 2016 Susan Hyland struck a 16‑year‑old pedestrian; the victim later died. Hyland did not stop, seek help, or call police and attempted to conceal the incident. She lacked a valid driver’s license.
Hyland was indicted on second‑degree knowingly leaving the scene of a fatal motor vehicle accident, third‑degree causing death while driving with a suspended/revoked license, and third‑degree endangering an injured victim.
The prosecutor objected to Drug Court (special probation) admission, concluding Hyland posed a danger to the community under N.J.S.A. 2C:35‑14(a)(9). The court ordered a substance abuse evaluation, which found multiple disorders and recommended intensive treatment.
The trial court found Hyland legally eligible for special probation under N.J.S.A. 2C:35‑14, entered guilty pleas, and sentenced her to concurrent five‑year special probation Drug Court terms; the State reserved appeal rights.
The State appealed, arguing the court erred in assessing community danger (making the sentence illegal) and that N.J.S.A. 2C:44‑1(f)(2) authorizes the State to appeal non‑custodial sentences for first/second‑degree offenses.
The Appellate Division dismissed the State’s appeal for lack of jurisdiction: the sentence was not "illegal," and N.J.S.A. 2C:44‑1(f)(2) does not authorize appeals from Drug Court special probation imposed under N.J.S.A. 2C:35‑14 (and prior express appeal authority in N.J.S.A. 2C:35‑14 was repealed in 2012).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether alleged statutory‑factor errors in assessing danger under N.J.S.A. 2C:35‑14(a)(9) render the Drug Court sentence "illegal" and appealable	The trial court failed properly to assess community danger, so the Drug Court disposition is illegal and reviewable by the State	The court's assessment at sentencing concerns discretionary factors; any error makes the sentence excessive, not illegal, and is not per se appealable by the State	Held: Not illegal. Errors in weighing sentencing factors affect excessiveness, not legality; sentence is an authorized disposition under the Code, so State cannot appeal on illegality grounds.
Whether N.J.S.A. 2C:44‑1(f)(2) gives the State the statutory right to appeal a non‑custodial/probationary Drug Court sentence for a second‑degree offense	N.J.S.A. 2C:44‑1(f)(2) permits appeal of any non‑custodial or probationary sentence for first/second‑degree convictions, so it covers Drug Court special probation	Drug Court special probation under N.J.S.A. 2C:35‑14 is a separate statutory disposition independent of the N.J.S.A. 2C:44‑1(d) presumption; §2C:44‑1(f)(2) was enacted before §2C:35‑14 and targets only §2C:44‑1(d) determinations	Held: §2C:44‑1(f)(2) does not authorize appeals from special probation imposed under §2C:35‑14. The Legislature previously granted, then repealed, express appeal authority in §2C:35‑14; absent current statutory authorization, State lacks appellate jurisdiction.

Key Cases Cited

State v. Acevedo, 205 N.J. 40 (court: sentencing factor errors affect excessiveness, not legality)
State v. Murray, 162 N.J. 240 (definition of illegal sentence/dispositions authorized by the Code)
State v. Veney, 327 N.J. Super. 458 (statutory authorization required for State sentence appeals)
State v. Roth, 95 N.J. 334 (interpretation of statutory right to appeal non‑custodial sentences)
State v. Bishop, 429 N.J. Super. 533 (special probation Drug Court as an authorized disposition)
State v. Ciancaglini, 204 N.J. 597 (State may appeal illegal sentences)