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 Results for ("N.J.S.A. 2C:43-7")   46 to 60 of 5452 results. Run time: 0.910 seconds | Search time: 0.903 seconds    
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46 State of New Jersey v. Patrick McFarlane -- rank: 689
... of parole ineligibility under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Defense counsel requested a thirty-year term of imprisonment ... 1), and an eighty-five percent parole disqualifier under NERA, N.J.S.A. 2C:43-7.2(d)(1). A sentence of life imprisonment is deemed ... parole ineligibility pursuant to a crime of the first degree. N.J.S.A. 2C:43-7.2(b). 10 Defense counsel did not request a specific ...
docket: A-7-15
court: NJ Supreme Court
decided: 2016-04-07
status:
citation: 224 N.J. 458 134 A.3d 956
Document Size: 72438
47 State of New Jersey v. Stanley Cliff Smith -- rank: 686
... years in prison, subject to the parole ineligibility provisions of N.J.S.A. 2C:43-7.2. The Appellate Division affirmed defendant’s conviction and sentence ... receive a sentence not to exceed twenty years, subject to N.J.S.A. 2C:43-7.2, and Johnson receive a sentence not to exceed twenty-five years, again subject to N.J.S.A. 2C:43-7.2. Prior to the trial getting underway, Roberts and Smith ... in return for a sentence of ten years, subject to N.J.S.A. 2C:43-7.2. The State proceeded against defendant alone, and the witnesses ... charges and sentenced to thirty years in prison, subject to N.J.S.A. 2C:43-7.2. Defendant appealed, and a different panel of the Appellate ... sentenced defendant to twenty-five years in prison, subject to N.J.S.A. 2C:43-7.2. After noting the appropriate fines, penalties, and jail ...
docket: A-68-10
court: NJ Supreme Court
decided: 2012-10-25
status:
citation: 212 N.J. 365 54 A.3d 772
Document Size: 213164
48 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
49 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
50 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
51 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
52 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
53 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
54 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
55 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
56 /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 ...
docket:
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decided:
status:
citation:
Document Size: 57351
57 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
58 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
59 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
60 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
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