A southern New Jersey police officer convicted of kicking two handcuffed suspects faces a resentencing.
An appeals court found the sentencing judge should determine whether former Wildwood police Sgt. David Romeo should face the mandatory minimum of five years without parole.
Prosecutors appealed after the judge in 2010 sentenced Romeo to five years in state prison with the possibility of parole after one year.
The Press of Atlantic City reports the appeals court rejected Romeo's request for a new trial.
Romeo was convicted of official misconduct for kicking two handcuffed car burglary suspects in the head as they lay on the ground in 2007.
Romeo testified he kicked the men because he saw a weapon. But three other officers said no weapon was present when the suspects were kicked.
More News:
Wildwood Officer Who Kicked Handcuffed Suspects to Be Resentenced
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