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STATE v. JOHNSON

766 A.2d 1126 (2001)

166 N.J. 523

STATE of New Jersey, Plaintiff-Respondent, v. Martel JOHNSON, a/k/a Hassan K. Muhammad, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 28, 2001.

Attorney(s) appearing for the Case

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant (Ivelisse Torres, Public Defender, attorney).

Melaney S. Payne, Deputy Attorney General, argued the cause for respondent (John J. Farmer, Jr., Attorney General of New Jersey, attorney).

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

The No Early Release Act, N.J.S.A. 2C:43-7.2 (NERA or the Act), provides for mandatory minimum sentences for convictions constituting "violent crime" as defined by that statute. We granted certification to consider whether a jury must decide if a crime is violent for purposes of NERA or if that determination can be made by the sentencing court, and whether the mandatory...

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