Search Rutgers Law Library N.J. Court Opinions

16 State v. David Chavies -- rank: 766

... imposed in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In connection with a 2014 shooting, defendant David Chavies ... actually imposed” for certain crimes before becoming eligible for parole. N.J.S.A. 2C:43-7.2(b). Allowing defendants to proceed with a Rule 3 ... which the defendant shall not be eligible for parole.” N.J.S.A. 2C:43-7.2(a). Defendant’s conviction for aggravated assault is covered ... calculated based upon the sentence of incarceration actually imposed.” N.J.S.A. 2C:43-7.2(b). In State v. Mendel, the Appellate Division found ... imposed in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. According to Rule 3:21-10(b)(2), � ... actually imposed” for certain crimes before becoming eligible for parole. N.J.S.A. 2C:43-7.2(b). Allowing defendants to proceed with a Rule ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
status:
citation:
Document Size:	75948

17 State v. Carlos Bolvito -- rank: 763

... term of incarceration subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. In the plea agreement presented to the trial court ...

docket:	A-44-12
court:	NJ Supreme Court
decided:	2014-03-31
status:
citation:	217 N.J. 221 86 A.3d 131
Document Size:	79772

18 STATE OF NEW JERSEY v. ROGER EMMONS -- rank: 759

... is not unconstitutionally vague. Therefore, we uphold the constitutionality of N.J.S.A. 2C:43-7.2. The court imposed a concurrent sentence for one of ...

docket:	a5689-05
court:	njappellate
decided:	2007-12-07
status:	published
citation:	397 N.J.Super. 112
Document Size:	79644

19 STATE OF NEW JERSEY v. PAUL OLSVARY, -- rank: 737

... parameters to guide sentencing judges on extended terms of imprisonment, N.J.S.A. 2C:43-7 provides: ��������a. In the cases designated in section 2C:44 ... N.J. 1 , 9 (1995). ������������It is clear that under N.J.S.A. 2C:43-7 is to provide for a sentence one degree higher than ... the underlying crime unless the statute specifically provides otherwise. ������������Under N.J.S.A. 2C:43-7, the "to what" is not provided for an N.J ... no ambiguity _ the plain fact is the only statutory provision, N.J.S.A. 2C:43-7, that could supply the necessary parameters for an extended term under N.J.S.A. 2C:43-7 establishes a clear pattern that mandated extended terms should follow ... 4). But fourth-degree crimes are differently treated in that N.J.S.A. 2C:43-7 the range of an extended term applicable to a ...

docket:	A1471-01
court:	NJ Superior Court Appellate Division
decided:	2003-01-20
status:	published
citation:	357 N.J. Super. 206 814 A.2d 112
Document Size:	23551

20 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 732

... 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 ... a second-degree offense is from ten to twenty years. N.J.S.A. 2C:43-7(a)(3). The parole ineligibility period 'shall be fixed at ... sentence imposed . . .' N.J.S.A. 2C:43-6(f); N.J.S.A. 2C:43-7(c). Here, defendant was sentenced to the maximum permitted under ...

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court:
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Document Size:	56095

21 State v. James Buckner -- rank: 732

... nine years’ imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed, arguing both that the trial judge erred ... nine years’ imprisonment subject to the No Early Release Act, N.J.S.A. 2C:43-7.2. Defendant appealed. He argued that the trial judge erred ...

docket:	A-22-14
court:	NJ Supreme Court
decided:	2015-07-30
status:
citation:	223 N.J. 1 121 A.3d 290
Document Size:	214671

22 State v. Melvin Hester -- rank: 730

... upheld the constitutionality of New Jersey’s three-strikes law, N.J.S.A. 2C:43-7.1, which mandated the 6 At a parole-revocation hearing ...

docket:	a_91_16
court:	NJ Supreme Court
decided:	2018-05-30
status:
citation:
Document Size:	53702

23 JOSEPH J. NORMAN v. NEW JERSEY STATE PAROLE BOARD -- rank: 730

... Center (ADTC), subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(d)(7). NERA requires MPS for all first- and second-degree offenses. N.J.S.A. 2C:43-7.2(c). A-3920-17T4 2 Norman was further sentenced ... term of parole supervision imposed by a court pursuant to N.J.S.A. 2C:43-7.2 is revoked by the appropriate Board panel and the ...

docket:	a3920-17
court:	NJ Superior Court Appellate Division
decided:	2019-01-14
status:	Published
citation:	457 N.J.Super. 513 201 A.3d 704
Document Size:	27541

24 STATE OF NEW JERSEY v. MITCHELL R. JORDAN -- rank: 727

... the two required predicate offenses for imposition of sentence under N.J.S.A. 2C:43-7.1a, part of the Persistent Offender Accountability Act (the Act ... known as the "Three Strikes and You're In" law. N.J.S.A. 2C:43-7.1a provides, in pertinent part, that a person convicted of ... s motion and concluded that defendant would be sentenced under N.J.S.A. 2C:43-7.1a, since he had been convicted of robbery on two ... with a period of parole ineligibility of 25 years." See N.J.S.A. 2C: 43-7.1b(1), N.J.S.A. 2C:43-7a(1 ... MR. JORDAN TO A LIFE SENTENCE WITHOUT PAROLE PURSUANT TO N.J.S.A. 2C:43-7.1a BECAUSE ONLY FIRST DEGREE CRIMES MAY BE THE PREDICATE ... as well as a review of the legislative history of N.J.S.A. 2C:43-7.1 and relevant case law, we concur with defendant' ...

docket:	a5463-02
court:	NJ Superior Court Appellate Division
decided:	2005-06-14
status:	published
citation:
Document Size:	24267

25 State v. James Comer -- rank: 725

... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The court also imposed a consecutive term of 4 ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

26 State v. Paulino Njango -- rank: 722

... he must serve under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. In 2007, in accordance with a plea agreement with ... supervision after completing the custodial portion of his sentence. See N.J.S.A. 2C:43-7.2(c). 1 The court rejected Njango’s request to ... he must serve under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The post-conviction relief court found that the excess ... as soon as defendant completes the sentence of incarceration.” --- N.J.S.A. 2C:43-7.2(c). See In addition, the court imposed an eighteen ... supervision after completing the custodial portion of his sentence. See N.J.S.A. 2C:43-7.2(c). The court rejected Njango’s request to credit ... for a second-degree crime is “mandatory,” citing N.J.S.A. 2C:43-7.2(c). Id. at 8-9. The court asserted ...

docket:	a-79-19
court:	NJ Supreme Court
decided:	2021-08-03
status:
citation:
Document Size:	50035

27 State of New Jersey v. James W. Robinson -- rank: 722

... term of imprisonment for certain crimes within specified permissible ranges, N.J.S.A. 2C:43-7(a); a presumption of imprisonment for all first and second ...

docket:	A-20-12
court:	NJ Supreme Court
decided:	2014-06-05
status:
citation:	217 N.J. 594 92 A.3d 656
Document Size:	80418

28 State v. Samuel Ryan -- rank: 718

... including murder, manslaughter, aggravated assault, kidnapping, sexual assault, and robbery. N.J.S.A. 2C:43-7.1(a). The Court upheld the constitutionality of the Three ... prison without parole pursuant to the Persistent Offender Accountability Act, N.J.S.A. 2C:43- 7.1(a), known as the “Three Strikes Law.� ... Accountability Act, L. 1995, c. 126, § 2 (codified at N.J.S.A. 2C:43-7.1(a)), after the federal Violent Crime Control and Law ... including murder, manslaughter, aggravated assault, kidnapping, sexual assault, and robbery. N.J.S.A. 2C:43-7.1(a). The statute provides that 13 [a] person convicted ... other strikes) -- authorizing the mandatory life without parole sentence. See N.J.S.A. 2C:43-7.1(a).1 The majority finds that the use of ... imprisonment by the court, with no eligibility for parole.” N.J.S.A. 2C:43-7.1(a). Although sentenced to life imprisonment, “a ...

docket:	a-65-20
court:	NJ Supreme Court
decided:	2022-02-07
status:
citation:
Document Size:	80501

29 State of New Jersey v. Maurice Pierce -- rank: 713

... below the presumptive sentence applicable to the extended range. See N.J.S.A. 2C:43-7(a)(2)(setting range for first-degree extended sentence between ... that authorized by a guilty plea or jury verdict. See N.J.S.A. 2C:43-7(a). Viewing the two statutes together, I do not see ... ten years to life imprisonment without any additional factfinding. See N.J.S.A. 2C:43-7(a)(2). If a statute “make[s] more burdensome ... a), the sentencing range automatically extends one degree higher. See N.J.S.A. 2C:43-7(a). Converting a discretionary sentencing scheme into a mandatory one ... to a period of incarceration between twenty years and life. N.J.S.A. 2C:43-7(a)(2). Because defendant cannot be resentenced to a term ...

docket:	a-18-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	110634

30 STATE OF NEW JERSEY v. TERRANCE J. PATTERSON -- rank: 713

... the possibility of parole pursuant to the "Three Strikes Law," N.J.S.A. 2C:43-7.1a. Counts Two and Three merged with Count One. The ... parole ineligibility period pursuant to the No Early Release Act, N.J.S.A. 2C:43-7.2, and concurrent to the sentence imposed on Count One ... OF LIFE WITHOUT PAROLE PURSUANT TO THE "THREE STRIKES LAW," N.J.S.A. 2C:43 7.1, WAS UNLAWFUL BECAUSE IT WAS BASED ON THE JUDGE ... As noted, the trial court applied the "Three Strikes Law," N.J.S.A. 2C:43-7.1a, in sentencing defendant to life imprisonment without parole on ... including N.J.S.A. 2C:15-1 (robbery). However, N.J.S.A. 2C:43 7.1a has been construed to apply only to predicate crimes ... Super. 254 , 258-61 (App. Div. 2005) (rejecting sentencing under N.J.S.A. 2C:43-7.1a where one of the predicate crimes was second- ...

docket:	a0135-16
court:	NJ Superior Court Appellate Division
decided:	2017-10-10
status:	unpublished
citation:
Document Size:	60624