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46 STATE OF NEW JERSEY v. HAKEEM MALONEY -- rank: 686

... a prior conviction under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, contrary to N.J.S.A. 2C:39-5 ...

docket:	a2313-18
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	140231

47 STATE OF NEW JERSEY v. NICHOLAS CIPRIANO -- rank: 686

... s motion, defendant was sentenced to a mandatory extended term, N.J.S.A. 2C:43-7.1b, of eighteen years subject to an eighty-five percent ... he did not qualify for an extended term sentence under N.J.S.A. 2C:43-7.1b because he had not been convicted of a "crime ... months in prison. We disagree. Under the "Three Strikes Law", N.J.S.A. 2C:43-7.1, a person shall be sentenced to an extended term of imprisonment pursuant to N.J.S.A. 2C:43-7 if: [t]he person is convicted of . . . a crime of ... of the [crimes enumerated in subsections a. or b. of N.J.S.A. 2C:43-7.1] . . . committed on two or more prior and separate occasions regardless of the dates of the convictions[.]" [ N.J.S.A. 2C:43-7.1b(1).] Defendant clearly qualifies under section b(1) ...

docket:	a1054-07
court:	superior court appellate division
decided:	2010-03-08
status:	unpublished
citation:
Document Size:	45381

48 State v. Gregory Oliver -- rank: 681

... a three-strikes bill entitled the Persistent Offender Accountability Act. N.J.S.A. 2C:43-7.1a. That law mandates a life sentence without parole for ... life imprisonment by the court, with no eligibility for parole. [ N.J.S.A. 2C:43-7.1a See footnote 2 2 ] Oliver argues that the Three ... was already subject to New Jersey's Habitual Offender Act, N.J.S.A. 2C:43-7. Under the provisions of that Act, defendant could have been ... 25 years parole ineligibility for the first-degree robbery offense. N.J.S.A.  2C:43-7(a)(2) and (b). Often a court will be authorized ... if the person does not pose a danger to society. N.J.S.A. 2C:43-7.1e.                 E. Equal Protection     Initially, we note that New Jersey ... once the offender falls within the scope of the Act. N.J.S.A. 2C:43-7.1a. As the trial court acknowledged in its separation ...

docket:	a-72-98
court:	njsupreme
decided:	2000-02-28
status:
citation:	162 N.J. 580
Document Size:	53030

49 State v. Charles Rumblin -- rank: 681

... us to decide whether the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, may be applied to a defendant convicted of a ... uses or threatens the use of a deadly weapon. See N.J.S.A. 2C:43-7.2d. The essence of defendant's assertion is that NERA ... to be capable of producing death or serious bodily injury. [ N.J.S.A. 2C:43-7.2 (emphasis added).]     Accomplice liability is based on N.J ...

docket:	a-89-99
court:	njsupreme
decided:	2001-02-28
status:
citation:	166 N.J. 550
Document Size:	24096

50 STATE OF NEW JERSEY v. MELVIN HESTER -- rank: 681

... s ex post facto challenge to the "Three-Strikes Law," N.J.S.A. 2C:43-7.1. In that case, the Legislature enacted the law in ...

docket:	a0068-16
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	published
citation:	449 N.J.Super. 314 157 A.3d 865
Document Size:	56026

51 State v. Kaa’Wone Johnson -- rank: 681

... of extended parole supervision under the No Early Release Act, N.J.S.A. 2C: 43-7.2 (NERA).     On October 21, 1997, Johnson shot three people ... sentence and to a three-year term of parole supervision. N.J.S.A. 2C: 43-7.2c.     The crux of the issue is that Johnson was ... serve at least eighty-five percent of the sentence imposed. N.J.S.A. 2C: 43-7.2a. Moreover, NERA adds a mandatory period of post-release supervision. N.J.S.A. 2C: 43-7.2c, which subjects a NERA defendant to greater restraints after ... accordance with the provisions of the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA), defendant, Kaa’Wone Johnson, appealed his sentence. Defendant ... three-year period of parole ineligibility under the Graves Act, N.J.S.A. 2C:43-7.2c. The crux of the issue is that defendant ...

docket:	a-7-04
court:	njsupreme
decided:	2005-01-26
status:
citation:	182 N.J. 232
Document Size:	44961

52 STATE OF NEW JERSEY v. MICHAEL A. MARTIN -- rank: 681

... FORTY YEARS, SUBJECT TO THE NO EARLY RELEASE ACT [(NERA), N.J.S.A. 2C:43-7.2,] IS MANIFESTLY EXCESSIVE, AND THE CONVICTION FOR CONSPIRACY TO ... a mandatory extended term for repeat violent offenders, pursuant to N.J.S.A. 2C:43-7.1(b) and 2C:43-7. Finding the prerequisites for ... imposition of an eighty-five percent period was 'illegal,' as N.J.S.A. 2C:43-7(a)(6) requires a '[thirty-five]-year parole bar. . . .' N.J.S.A. 2C:43-7(a)(6) provides: 'In the case of the crime of ...

docket:	a1023-19
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Unpublished
citation:
Document Size:	104044

53 STATE OF NEW JERSEY v. SHAWN E. PARROTT -- rank: 677

... by the court to an extended term as authorized by [ N.J.S.A. 2C:43-7(c)]." N.J.S.A. 2C:43-6(f). N.J.S.A. 2C:43-7(c) refers to N.J.S.A. 2C:43-7(a), which provides that the enhanced sentencing range on a ... be fixed by the court between five and [ten] years[.]" N.J.S.A. 2C:43-7(a)(4). The language in N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:43-7(a) clearly indicates these statutes are mandatory. "Indeed, the Legislature ...

docket:	a1612-12
court:	NJ Superior Court Appellate Division
decided:	2016-04-05
status:	unpublished
citation:
Document Size:	36909

54 /usr/local/share/www/libweb/collections/courts/supreme/a-7-18.opn.html -- rank: 672

... percent parole disqualifier prescribed by the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA). The court noted, however, that although it was ...

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court:
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55 STATE OF NEW JERSEY v. GARY TWIGGS -- rank: 672

... argument. In Rumblin , our Supreme Court explained how provisions of N.J.S.A. 2C:43-7.2 (the No Early Release Act (NERA)) interacted with accomplice ... or an actor who engages in criminal enterprise with others. N.J.S.A. 2C:43-7.2. As the Court noted in Rumblin , such a definition ... Rumblin had before it the original No Early Release Act. N.J.S.A. 2C:43-7.2 (1997) (hereinafter NERA). NERA required courts to impose a ... violent crime as defined in subsection d. of this section." N.J.S.A. 2C:43-7.2(a) (1997). NERA defined a "violent crime" as "any ... uses or threatens the immediate use of a deadly weapon." N.J.S.A. 2C:43-7.2(d) (1997) (emphasis added). Like defendant here, the defendant ... the use of a deadly weapon." Id. at 553 (quoting N.J.S.A. 2C:43-7.2(d) (1997)). Our Supreme Court in Rumblin "h[ ...

docket:	a4417-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	published
citation:	445 N.J.Super. 23 135 A.3d 981
Document Size:	80675

56 State v. Traci E. Stanton -- rank: 669

... five percent of a sentence for committing a violent crime,] N.J.S.A. 2C:43-7.2.” Stanton , supra , 339 N.J. Super. at 7. Specifically ... J.S.A. 2C:1-1 to 104-9 (Code). N.J.S.A. 2C:43-7.1a and 7.2; the Graves Act, N.J.S ... had created constitutional doubt regarding our No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA), that “provides for mandatory minimum sentences for convictions ...

docket:	a-7-01
court:	njsupreme
decided:	2003-04-17
status:
citation:	176 N.J. 75
Document Size:	118185

57 STATE OF NEW JERSEY v. TREVOR FRANKLIN -- rank: 667

... to seek an extended term of imprisonment, as provided by N.J.S.A. 2C:43-7, upon a defendant's conviction of any of five specific ...

docket:	A0541-04
court:	NJ Superior Court Appellate Division
decided:	2007-02-20
status:	unpublished
citation:
Document Size:	52523

58 STATE OF NEW JERSEY v. NESTOR FRANCISCO, -- rank: 665

... the parole ineligibility consequences of the No Early Release Act, N.J.S.A. 2C:43- -7.2. Defendant received concurrent eighteen-month terms on counts four ... 1), or an eighty-five percent period of parole ineligibility, N.J.S.A. 2C:43-7.2(a), (d), whichever is greater, N.J.S.A. 2C:43- 7.2(b). 'Whether a sentence should gravitate toward the upper ... 2:11-3(e)(2). Affirmed. ______________________ to be 75 years.' N.J.S.A. 2C:43-7.2(b). The midpoint between 30 and 75 years is ... and the 63.75-year maximum period of parole ineligibility, N.J.S.A. 2C:43-7.2(b), for murder. A-3840-18 50 This archive ...

docket:	a3840-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-08
status:	Published
citation:
Document Size:	89626

59 STATE OF NEW JERSEY v. HAROLD MILLER -- rank: 660

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on the robbery count, and dismissal of the remaining ... range for the extended term was five to ten years, N.J.S.A. 2C:43-7(a)(4), subject to a minimum period of parole ineligibility ...

docket:	a0748-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-14
status:	unpublished
citation:
Document Size:	90273

60 State v. Sally A. McDonald -- rank: 660

... State v. Pierce , 188 N.J. 155 , 169 (2006), and N.J.S.A. 2C:43-7(a)(3), the range of the sentence on McDonald’s ... before it, the third-degree bad-checks offenses. Pursuant to N.J.S.A. 2C:43-7(a)(4), the trial court was permitted to impose an ... a single extended term sentence for a second-degree offense. N.J.S.A. 2C:43-7(a)(3). Had defendant been sentenced for all of her ... for a second-degree crime is five to twenty years. N.J.S.A. 2C:43-7(a)(3); State v. Pierce , 188 N.J. 155, 168 ...

docket:	A-56-10
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:
Document Size:	51641