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STATE v. HARRIS

97 N.J. Super. 510 (1967)

235 A.2d 485

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HARRY HARRIS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 16, 1967.

Attorney(s) appearing for the Case

Mr. E. Robert Levy, assigned counsel, argued the cause for appellant.

Mr. Archibald Kreiger, Assistant Prosecutor, argued the cause for respondent (Mr. John G. Thevos, Passaic County Prosecutor, attorney).

Before Judges GAULKIN, LEWIS and KOLOVSKY.

The opinion of the court was delivered by LEWIS, J.A.D.

Defendant Harry Harris appeals from an order of the Passaic County Court which denied his petition for post-conviction relief. The critical issue involves the interpretation of the Fourth Offender Act, N.J.S. 2A:85-12.

The facts are as follows: defendant's first conviction was in 1945 for atrocious assault and battery and attempted robbery. In 1948 he was convicted of burglary and assault with...

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