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STATE v. JARRELLS

859 A.2d 451 (2004)

181 N.J. 538

STATE of New Jersey, Plaintiff-Appellant, v. Kevin JARRELLS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided October 26, 2004.

Attorney(s) appearing for the Case

Carol M. Henderson, Assistant Attorney General, argued the cause for appellant (Peter C. Harvey, Attorney General of New Jersey, attorney).

Sylvia M. Orenstein, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

PER CURIAM.

On December 7, 2001, defendant pled guilty to second-degree vehicular homicide, N.J.S.A. 2C:11-5, and related charges. He was sentenced on that charge to a term of five years, subject to an eighty-five percent parole ineligibility term under the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2.

On appeal to the Appellate Division, defendant argued that his conviction for vehicular homicide should not have been subject to NERA because...

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