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STATE v. THOMAS

767 A.2d 459 (2001)

166 N.J. 560

STATE of New Jersey, Plaintiff-Appellant, v. Jimmie Lee THOMAS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided February 28, 2001.

Attorney(s) appearing for the Case

Deborah C. Bartolomey, Deputy Attorney General, argued the cause for appellant (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent (Ivelisse Torres, Public Defender, attorney).

The opinion of the Court was delivered by COLEMAN, J.

This appeal raises questions concerning the scope of the mandatory sentencing provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Specifically, we must decide whether NERA may be applied to a defendant who pled guilty to second-degree sexual assault, N.J.S.A. 2C:14-2b, for touching an eleven-year-old victim in her vaginal area. To answer that question, we must interpret the meaning...

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