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New Jersey v. Ikerd

850 A.2d 516 (2004)

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New Jersey v. Ikerd

New Jersey Superior Court, Appellate Division

850 A.2d 516 (2004)

Facts

In 1998, Simmone Ikerd (defendant) was convicted of welfare fraud and sentenced to a five-year probation period during which time it was mandated that she complete a drug-treatment program and pay restitution. Ikerd failed to comply with the conditions of probation, which resulted in a reported violation of probation (VOP) and a subsequent hearing to reconsider Ikerd’s sentence. At the time of the second hearing, Ikerd was 11 weeks pregnant, and although she remained drug addicted, the fetus was determined to be viable. The State of New Jersey (plaintiff) requested that Ikerd be sentenced to incarceration for her own health and the health of the fetus. Ikerd requested that she remain on probation so that she could finish her drug treatment provided by a methadone clinic. The trial judge sentenced Ikerd to a three-year prison term, explaining that it was the best way to prevent Ikerd from committing any other crimes and accessing drugs in order to ensure the health of the fetus. Ikerd appealed the sentence.

Rule of Law

Issue

Holding and Reasoning (Payne, J.)

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