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106 STATE OF NEW JERSEY v. STEVEN E. YOUNG -- rank: 624

... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On appeal, defendant raises the following issues: POINT I ... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The judge imposed concurrent sentences on the remaining convictions ...

docket:	a5099-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-07
status:	unpublished
citation:
Document Size:	42000

107 STATE OF NEW JERSEY v. APPELLATE DIVISION MATTHEW DIAZ -- rank: 624

... States Supreme Court 16 The No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, requires that a person convicted of a designated first ... for drug-induced death offense is a designated NERA crime. N.J.S.A. 2C:43- 7.2(d)(15). 17 Under Fourth Amendment analysis, for example ...

docket:	a3764-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Published
citation:
Document Size:	91644

108 State v. William Burford -- rank: 621

... of the “No Early Release Act” (NERA or the Act), N.J.S.A. 2C:43-7.2.     On October 9, 1997, William Burford drove a stolen ... of the “No Early Release Act” (NERA or the Act), N.J.S.A. 2C:43-7.2. Not before us are any constitutional challenges to the ... chase made the stolen automobile a “deadly weapon” under NERA.      N.J.S.A. 2C:43-7.2 provides: a. A court imposing a sentence of incarceration ... violent crime as defined in subsection d. of this section.      N.J.S.A. 2C:43-7.2d states in pertinent part:     For the purposes of this ... he used or threatened the use of a deadly weapon.      N.J.S.A. 2C:43-7.2d defines "deadly weapon" as any firearm or other weapon ... December 1996, p. 13 (emphasis added).     The recommended amendment of N.J.S.A. 2C:43-7.2d, that linked the definition of crimes of violence ...

docket:	a-8-99
court:	njsupreme
decided:	2000-03-14
status:
citation:
Document Size:	34841

109 STATE OF NEW JERSEY v. TRAVIS J. MIDDLEBROOKS -- rank: 621

... to an extended term as authorized by section c. of N.J.S.A. 2C:43-7, notwithstanding that extended terms are ordinarily discretionary with the court ...

docket:	a0651-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	50196

110 STATE OF NEW JERSEY v. CARLOS I. MENJIVAR -- rank: 621

... is also subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Accordingly, the murder statute and NERA must be read ... life imprisonment shall be deemed to be [seventy-five] years.' N.J.S.A. 2C:43-7.2(b). Accordingly, the period of parole ineligibility for defendant ... the five-year term of parole supervision as required by N.J.S.A. 2C:43-7.2(c). In remanding for a resentencing on the murder ...

docket:	a3742-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-07
status:	Unpublished
citation:
Document Size:	73322

111 STATE OF NEW JERSEY v. P.M. -- rank: 619

... ineligibility period prescribed by the No Early Release Act ("NERA"), N.J.S.A. 2C:43-7.2(d). The court further sentenced defendant to a concurrent ... actually imposed for certain violent first- and second-degree offenses. N.J.S.A. 2C:43-7.2. Under N.J.S.A. 2C:43-7.2(d)(8), NERA applies to persons convicted pursuant to ... old," N.J.S.A. 2C:14-2(b). See N.J.S.A. 2C:43-7.2(d)(8). The State counters that such an interpretation ... Drake , we held that the term "and," as used in N.J.S.A. 2C:43-7.2(d)(8), should be logically read in the disjunctive ...

docket:	a1882-14
court:	NJ Superior Court Appellate Division
decided:	2016-10-03
status:	unpublished
citation:
Document Size:	41330

112 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 619

... by the court to an extended term as authorized by [ N.J.S.A. 2C:43-7(c)]." The imposition of the extended term is mandatory upon ... seven years, which was three years less than the maximum. N.J.S.A. 2C:43-7(c). It is clear from the record that he did ... double counting because of the extent of Mims' criminal record. N.J.S.A. 2C:43-7(c) requires a minimum term of between one-third and ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982

113 STATE OF NEW JERSEY v. PAULINO NJANGO -- rank: 619

... of parole supervision under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. For the following reasons we hold they may not ... the sentence of incarceration imposed by the court pursuant to [N.J.S.A. 2C:43-7.2(a)] unless the defendant is serving a sentence of ... time he completes the sentence of incarceration imposed pursuant to [N.J.S.A. 2C:43-7.2(a)], in which case the term of parole supervision ... shall commence immediately upon the defendant's release from incarceration. [N.J.S.A. 2C:43-7.2(c).] In State v. Friedman, the Court noted the ... crimes. Cannel, N.J. Criminal Code Annotated, cmt. 3 on N.J.S.A. 2C:43-7.2 (2019). 'In addition, [eighty- 1 In reaching this conclusion ... the Legislature imposed the mandatory parole supervision period required by N.J.S.A. 2C:43-7.2(c). Ibid. 'This provision . . . is 'unique and radically ...

docket:	a0397-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-05
status:	Published
citation:
Document Size:	25266

114 STATE OF NEW JERSEY v. JAMES F. GARNER -- rank: 619

... was required to impose "an extended term as authorized" by N.J.S.A. 2C:43-7. That section provided that, because defendant was convicted of a ...

docket:	a0581-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-04
status:	unpublished
citation:
Document Size:	31065

115 /usr/local/share/www/libweb/collections/courts/appellate/a5004-16.opn.html -- rank: 619

... prison terms, subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. This appeal follows. 4 Defendant has not renewed this ...

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Document Size:	38766

116 STATE OF NEW JERSEY v. STEPHEN J. VITKOW -- rank: 619

... to the provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The NERA statute is mandatorily applicable to conviction for ...

docket:	a3290-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-12
status:	unpublished
citation:
Document Size:	29175

117 STATE OF NEW JERSEY v. DONALD V. DAYE -- rank: 616

... ten); and third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:43-7.2 (NERA); on counts five, six, and seven, defendant was ... supplemental brief: POINT I THE NO EARLY RELEASE ACT (NERA) N.J.S.A. 2C:43-7.2 WHICH INCREASES THE MAXIMUM PENALTY OF A STANDARD RANGE ... 2C:43-6d AND A NO EARLY RELEASE ACT (NERA) N.J.S.A. 2C:43-7.2 SENTENCE ON ONE CONVICTION FOR POSSESSION OF A WEAPON ... or second-degree crime found to be a "violent crime." N.J.S.A. 2C:43-7.2a. The term "violent crime" was defined as [a]ny ... State v. Parolin , 171 N.J. 223 , 230 (2002) (citing N.J.S.A. 2C:43-7.2d (2000))]. NERA was amended by L. 2001, c. 129 ... and not possession of a weapon for an unlawful purpose. N.J.S.A. 2C:43-7.2d. The Supreme Court has held that the amended ...

docket:	a4119-03
court:	njappellate
decided:	2006-03-23
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	93207

118 STATE OF NEW JERSEY v. DALE BURNETT -- rank: 616

... 2C:44-3(a). However, the trial court instead invoked N.J.S.A. 2C:43-7 as the basis for an extended term. On April 23 ... on N.J.S.A. 2C:44-3 but on N.J.S.A. 2C:43-7. At the time of defendant's crime, N.J.S.A. 2C:43-7 provided that "[i]n the cases designated in section 2C ... 84 N.J. 508 , 521-22 (1980) (emphasis added) (quoting N.J.S.A. 2C:43-7(a)(1), (b) (1979)). In Maguire , our Supreme Court held that under N.J.S.A. 2C:43-7 (1979), "an extended term of life imprisonment is an available ... 533. Here, the sentencing court imposed an extended term under N.J.S.A. 2C:43-7 and Maguire because it found seven aggravating factors under ...

docket:	a1208-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-02
status:	unpublished
citation:
Document Size:	21477

119 /usr/local/share/www/libweb/collections/courts/appellate/a2805-17.opn.html -- rank: 616

... possession offense is from twenty years to life imprisonment. See N.J.S.A. 2C:43-7(a)(2) and -7(c). Additionally, the mandatory period of ... and, for a sentence of life imprisonment, twenty-five years. N.J.S.A. 2C:43-7(c). Defendant's plea agreement provided for a lesser custodial ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	26905

120 STATE OF NEW JERSEY v. HECTOR A. VELASQUEZ -- rank: 614

... supervision in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 (as adopted by L. 1997, c. 117, § 2). The ... 2 Compare N.J.S.A. 2C:44-3g with N.J.S.A. 2C:43-7. Accordingly, despite the provisions of N.J.S.A. 2C ... the factual predicates for NERA sentencing under the provisions of N.J.S.A. 2C:43-7.2 (as adopted by L. 1997, c. 117, § 2) must ... has limited significance. Effective June 29, 2001, the Legislature amended N.J.S.A. 2C:43-7.2. Because the conduct in this case allegedly occurred in ...

docket:	A3982-01
court:	NJ Superior Court Appellate Division
decided:	2007-03-21
status:	published
citation:	391 N.J. Super. 291 918 A.2d 45
Document Size:	76725