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31 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

32 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status:	unpublished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

33 STATE OF NEW JERSEY v. DONNELL W. ANCRUM -- rank: 710

... second degree [subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2(d)], other than a crime of the second degree ... degree aggravated assault in the list of crimes specifically enumerated. N.J.S.A. 2C:43-7.2(d) (2001). In 2012, however, the Legislature significantly amended ... Meyer , supra , 192 N.J. at 430). 4 Pursuant to N.J.S.A. 2C:43-7.2(a), NERA's parole ineligibility periods apply to first- and second-degree crimes, including robbery and burglary. See N.J.S.A. 2C:43-7.2(d)(9) and (12). 5 The proceedings are available ...

docket:	a0932-16
court:	NJ Superior Court Appellate Division
decided:	2017-04-19
status:	published
citation:	449 N.J.Super. 526 159 A.3d 433
Document Size:	47241

34 STATE OF NEW JERSEY v. AQUIL MALIK -- rank: 710

... year term subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2; convictions for first-degree aggravated sexual assault, N.J ...

docket:	a2683-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	70493

35 STATE OF NEW JERSEY v. TERRI BAILEY -- rank: 710

... individual with a prior conviction for a crime enumerated in N.J.S.A. 2C:43-7.2(d), 1 N.J.S.A. 2C:39-5 ... State's motion and sentenced defendant to an extended, 1 N.J.S.A. 2C:43-7.2 is the No Early Release Act, commonly referred to ... ha[d] a prior conviction of [an] enumerated crime in N.J.S.A. 2C:43-7.2, that being kidnapping in the first degree with a ... a defendant be previously convicted of a crime listed in N.J.S.A. 2C:43-7.2(d). Defendant was convicted of kidnapping, N.J.S ... defendant had a prior conviction of an enumerated offense under N.J.S.A. 2C:43-7.2(d), in this case, kidnapping. The argument requires no ... had previously been convicted of a predicate crime enumerated in N.J.S.A. 2C:43- - 7.2(d) and agreed the jury would be told ...

docket:	a1513-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	48034

36 of New Jersey v. Derrick Wayne Rose -- rank: 708

... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. On February 1, 2008, the Law Division in Passaic ... parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, be imposed. The State also recommended that the sentence ... 6(f), -7(b). Subsequently, the No Early Release Act, N.J.S.A. 2C:43-7.2, was enacted and requires eighty-five percent of a ... a sentence pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, and that it is of sufficient magnitude that it ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

37 STATE OF NEW JERSEY v. JAMAR J. MYERS -- rank: 706

... parole supervision as prescribed by the No Early Release Act, N.J.S.A. 2C:43-7.2. The sentence for the conviction of first-degree robbery ...

docket:	a0185-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-12
status:	Unpublished
citation:
Document Size:	46483

38 STATE OF NEW JERSEY v. NYJE JOHNSON -- rank: 703

... prison term subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, on count one, murder. On count two, attempted murder ...

docket:	a1139-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-30
status:	Unpublished
citation:
Document Size:	85674

39 Statev. Roy Friedman -- rank: 703

... sentenced to consecutive terms under the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA), must serve the periods of post-release parole ... before serving at least eighty-five percent of the sentence. N.J.S.A. 2C:43-7.2. Unlike the general parole statute, NERA’s parole provision ... the Appellate Division correctly applied the No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA), when it concluded that a defendant who has ... ruled that defendant’s periods of parole supervision pursuant to N.J.S.A. 2C:43-7.2 must be served concurrently even though defendant was sentenced ... his release from incarceration.’” Id. at 487 (quoting N.J.S.A. 2C:43-7.2(c)). The panel reasoned that if the periods of ... the State argues that the imposition of consecutive sentences under N.J.S.A. 2C:43-7.2 requires that the parole supervision periods that are ...

docket:	A-18-10
court:	NJ Supreme Court
decided:	2012-01-24
status:
citation:
Document Size:	94968

40 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 698

... to the requirements of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defendant appeals from his judgment of conviction and his ... to an extended term of imprisonment as set forth in N.J.S.A. 2C:43-7.' Defendant moved to dismiss the superseding indictment, arguing the State ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

41 State v. Kassey Benjamin -- rank: 696

... and life imprisonment, if convicted of a first-degree offense. N.J.S.A. 2C:43-7. 2 This archive is a service of Rutgers School of ...

docket:	A-43-15
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:	228 N.J. 358 157 A.3d 427
Document Size:	73914

42 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16corropn.opn.html -- rank: 696

... 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50366

43 /usr/local/share/www/libweb/collections/courts/appellate/a0068-16a0069-16a0070-16a0071-16.opn.html -- rank: 696

... 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:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	50359

44 STATE OF NEW JERSEY v. SHANE TIMMONS, -- rank: 691

... period of parole ineligibility under the No Early Release Act, N.J.S.A. 2C:43-7.2 ('NERA'), on count three (endangering an injured victim) to ...

docket:	a2567-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-07
status:	Unpublished
citation:
Document Size:	169163

45 T4STATE OF NEW JERSEY v. HASHIEM MITCHELL -- rank: 689

... by the court to an extended term as authorized by [ N.J.S.A. 2C:43-7(c)]." (Emphasis added). In turn, 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 ... court. N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:43-7(a), by use of the word "shall," are unambiguously mandatory ...

docket:	a2474-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	50257