STATE OF NEW JERSEY VS. TYRONE JACKSON (13-04-0220, SOMERSET COUNTY AND STATEWIDE), A-0208-17T1

Background

Defendant Tyrone Jackson pleaded guilty (Aug 2015) to third- and fourth-degree assault-by-auto charges in exchange for the State's promise not to seek a discretionary extended term and to recommend concurrent five-year sentences if convictions did not merge.
Sentencing was delayed at defendant's request for in-patient drug treatment; defendant failed to appear at the April 2016 sentencing hearing and a bench warrant issued; he surrendered in June 2017.
At resentencing, the State and defense urged enforcement of the plea agreement; the judge rejected the prosecutor's non-application for an extended term and, citing anger at defendant’s failure to appear, offered defendant a choice: accept a seven-year "flat" extended term or withdraw the plea and face reinstatement of the second-degree count.
Defendant (after colloquy) said he accepted the seven-year term; the judge imposed a seven-year discretionary extended term, citing aggravating factors and no mitigators, and ordered restitution and other penalties.
On appeal, defendant argued the seven-year extended term was illegal because the prosecutor never applied for an extended term, the sentence violated the plea agreement's five-year cap, and the increase was based solely on defendant's failure to appear; defendant also sought remand for an ability-to-pay restitution hearing.
Appellate court reversed and remanded for resentencing in accordance with the plea agreement and directed assessment of defendant's ability to pay restitution; the opinion noted the sentencing judge lacked authority to impose an extended term absent a prosecutor application and that sentencing based solely on nonappearance is improper.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a discretionary extended term can be imposed absent a prosecutor application	State argued no extended-term application was needed here because judge exercised discretion	Jackson argued statute and precedent require a prosecutor application and plea promised none	Reversed: extended term cannot be imposed absent prosecutor application
Whether judge could increase sentence because defendant failed to appear for sentencing	State suggested court could sanction nonappearance by rejecting plea and imposing higher sentence	Jackson argued plea had no condition about appearance and sentence cannot be increased solely for nonappearance	Reversed: sentence may not be increased solely because defendant missed sentencing
Whether the seven-year sentence violated the negotiated plea agreement (five-year cap)	State relied on court’s authority to reject plea and impose alternative sentence with defendant’s consent	Jackson argued plea agreement limited sentence and court improperly imposed extended term contrary to agreement	Reversed and remanded for sentencing consistent with plea agreement
Whether remand should include an ability-to-pay restitution hearing	State did not dispute need for assessment	Jackson requested explicit hearing under Newman	Court ordered remand to include assessment of defendant's ability to pay restitution

Key Cases Cited

State v. Thomas, 195 N.J. 431 (court cannot impose discretionary extended term absent prosecutor application)
State v. Martin, 110 N.J. 10 (prosecutor must request extended term)
State v. Wilson, 206 N.J. Super. 182 (illegal to base sentence entirely on defendant's failure to appear)
State v. Subin, 222 N.J. Super. 227 (plea bargaining may include conditions; court rejection limited by discretion)
State v. Madan, 366 N.J. Super. 98 (judicial discretion is not arbitrary or vindictive)
State v. Tindell, 417 N.J. Super. 530 (sentencing demands dispassionate, evenhanded conduct)
State v. Newman, 132 N.J. 159 (assessment of defendant’s ability to pay restitution is required)