State v. Baker

In State v. Baker, 270 N.J. Super. 55, 636 A.2d 553 (App.Div.), aff'd o.b., 138 N.J. 89, 648 A.2d 1127 (1994), Baker was convicted of robbery, attempted kidnaping, kidnaping, and aggravated sexual assault. One month before Baker committed these crimes, an amendment of the kidnaping statute increased the sentence to twenty-five years' imprisonment without parole eligibility or a specific term between twenty-five years' imprisonment and imprisonment for life, with twenty-five years of parole ineligibility, if the victim suffered a sexual assault during the kidnaping and was less than sixteen years old. Baker's victim was less than sixteen years old. But, the amendment was not called to the attention of the sentencing judge. He sentenced Baker to an aggregate term of twenty-seven years' imprisonment with eleven years' parole ineligibility. Baker appealed his conviction. His notice was late, but we granted leave to appeal nunc pro tunc. Thirteen months later, the State moved for leave to file an out-of-time cross-appeal from the illegal sentence and we granted its motion. In an unreported opinion, we affirmed defendant's conviction and remanded the case to the Law Division for re-sentencing according to the amended statute. On remand, Baker was sentenced to an aggregate term of twenty-five years' imprisonment without eligibility for parole. His motion for post-conviction relief on the ground of inadequate assistance of counsel was denied. He appealed to us from that denial and from the re-sentencing, arguing that the twenty-five year term of imprisonment without parole eligibility, which more than doubled the term of parole ineligibility originally imposed, violated the double jeopardy clauses and the due process guarantees of the Federal and State Constitutions. The Court affirmed.