State v. McDonald, 209 N.J. 549

McDonald charged with second-degree theft by deception and fourth-degree forgery arising from a 2006 scheme to defraud victim of $1.7 million.
McDonald previously served an eight-year term with three-year parole ineligibility for related offenses.
The court imposed a second extended-term on a later offense committed before she finished serving the first extended term.
Two sentences were imposed in separate proceedings; second extended term followed later sentencing and was to run consecutively.
Defendant argued under N.J.S.A. 2C:44-5 that a second extended term could not be imposed when already serving an extended term.
Court sua sponte held that the second extended-term violated N.J.S.A. 2C:44-5(b)(1) and remanded for resentencing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a second extended term violates N.J.S.A. 2C:44-5(b)(1).	McDonald’s sentence complies with statute.	2C:44-5(b)(1) prohibits multiple extended terms.	Yes; second extended term improper and must be reversed.
Whether remand allows broader discretion or requires recalibration of concurrent/consecutive terms.	Remand should preserve prior terms while reimposing appropriate term.	Remand should preserve discretion to tailor extensions.	Remand authorized for resentencing with proper reasoning.
Whether arguments about Yarbough factors and double counting affect reversal.	Aggravating factors and prior record properly weighed.	Potential double counting and weighing issues require review.	Not dispositive; resentence required but points require reconsideration.

State v. Hudson, 209 N.J. 513 (2012) (accepts plain-meaning reading of 2C:44-5(b)(1) for second extended term)
State v. Pierce, 188 N.J. 155 (2006) (guides term ranges and sequencing under extended terms)
State v. Yarbough, 100 N.J. 627 (1985) (Yarbough factors for sentencing consecutive terms)
Richardson v. Nickolopoulos, 110 N.J. 241 (1988) (legislative aim to avoid disparate results from chronology)