Defendant and the State of New Jersey jointly appeal the denial of their joint motion to modify defendant's sentence pursuant to Rule 3:21-10(b)(3). In 2019, defendant pled guilty to first-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5(b)(1); the judge imposed a sentence of eleven years' imprisonment with twenty-four months of parole ineligibility, in accordance with the negotiated plea under N.J.S.A. 2C:35-12 (Section 12).
In April 2021, the Attorney General issued Law Enforcement Directive No. 2021-4, "Directive Revising Statewide Guidelines Concerning the Waiver of Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12," (the Directive). Pursuant to its terms, prosecutors were to file joint motions when requested by defendants, like defendant, who were serving mandatory minimum sentences for certain Chapter 35 offenses. The motions sought sentence modification eliminating, or reducing, the mandatory minimum feature of the sentence.
In all, more than 600 motions were filed. Defendant's motion was the first heard by a judge specially designated by the Supreme Court to hear these motions. The judge denied the motion, essentially concluding that a modification of defendant's sentence to eliminate the mandatory minimum term was contrary to the Legislature's intent when it enacted the Comprehensive Drug Reform Act of 1987 (the CDRA), N.J.S.A. 2C:35-1 to -36A-1, and the Directive thereby invaded the province of the Legislature contrary to the separation of powers doctrine. See N.J. Const. art. III, para. 1.
The court reversed, concluding the judge misconstrued Section 12 of the CDRA, and overlooked case law developed and statutory amendments enacted since its passage more than three decades ago. However, the court reiterated that the necessary finding of "good cause" for a modification under Rule 3:21-10(b)(3) is solely for the court to decide on an individual basis, and the mere filing of a joint motion did not establish "good cause" to modify the sentence.