State v. Dunbar

In State v. Dunbar, 108 N.J. 80, 87-88, 527 A.2d 1346 (1987), the New Jersey Supreme Court delineated standards applicable to discretionary extended term sentencing. A sentencing judge must first determine if a defendant is eligible for an extended term, then the judge must determine whether to impose an extended sentence. Ibid. The Court expressed its opinion that the imposition of extended terms would be "somewhat rare." Id. at 89, 527 A.2d 1346. The focus of sentencing under the Code of Criminal Justice is on the nature and circumstance of the offense. Id. at 91, 527 A.2d 1346. However, with respect to the imposition of an extended term, the focus shifts to offender-related characteristics, i.e. past history of criminality and susceptibility to rehabilitation. In short, the entire person is evaluated in the context of the offense committed. Ibid.