STATE OF NEW JERSEY VS. LLOYD N. RIDDICK (17-04-0560, BERGEN COUNTY AND STATEWIDE) ( 2018 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4973-16T4
STATE OF NEW JERSEY,
Plaintiff-Appellant,
v.
LLOYD N. RIDDICK, a/k/a
TIGUE LLOYD RIDDICK,
Defendant-Respondent.
__________________________
Argued November 9, 2018 – Decided November 19, 2018
Before Judges Simonelli and Whipple.
On appeal from Superior Court of New Jersey, Law
Division, Bergen County, Indictment No. 17-04-0560.
Justin M. Blasi, Special Deputy Attorney General/
Acting Assistant Prosecutor, argued the cause for
appellant (Dennis Calo, Acting Bergen County
Prosecutor, attorney; Justin M. Blasi, of counsel and on
the brief).
James K. Smith, Jr., Assistant Deputy Public Defender,
argued the cause for respondent (Joseph E. Krakora,
Public Defender, attorney; James K. Smith, Jr., Susan
C. Green and Michele Friedman, Assistant Deputy
Public Defenders, on the brief).
PER CURIAM
Defendant Lloyd N. Riddick pled guilty under N.J.S.A. 2C:40-26(b) to
fourth degree operating a motor vehicle during a period of license suspension
by operating a motor vehicle while his license was suspended for a second or
subsequent violation of N.J.S.A. 39:4-50. On July 24, 2017, the trial court
sentenced defendant to 180 days in the county jail under N.J.S.A. 2C:40-26(c),
suspended the sentence, and imposed a one-year noncustodial probationary
term. On appeal, the State contends the suspended custodial sentence is an
illegal sentence requiring reversal. Although we agree the sentence was illegal,
we are nonetheless constrained to dismiss this appeal.
The State can move to correct an illegal sentence at any time. State v.
Shepard, 125 N.J. Super. 332, 336 (App. Div. 1973). However, the sentence
must be corrected before it has been completed. State v. Murray, 162 N.J. 240,
247 (1998). The court may stay a probationary sentence "on appropriate terms
if an appeal is filed." R. 2:9-3(c). If the State fails to move for a stay pending
appeal and the sentence has already been completed, double jeopardy principles
will bar a sentence increase. See State v.Farr, 183 N.J. Super. 463, 470-72 (App.
Div. 1982). Once the period of probation or sentence suspension is over, the
A-4973-16T4
2
sentence is complete. See N.J.S.A. 2C:45-2(c). The court cannot enlarge the
punishment after the sentence imposed has been satisfied and the defen dant
discharged. State v. Schubert, 212 N.J. 295, 309 (2012). Notably, the State did
not addressed this issue.
The State did not request a stay of sentence, and defendant has completed
his probationary term. The sentence cannot be corrected. Accordingly, this
appeal must be dismissed.
Appeal dismissed.
A-4973-16T4
3