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STATE v. MOORE

873 A.2d 587 (2005)

377 N.J. Super. 445

STATE of New Jersey, Plaintiff-Respondent, v. Carlos MOORE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 2005.

Attorney(s) appearing for the Case

Yvonne Smith Segars, Public Defender, attorney for appellant (Michael B. Jones, Assistant Public Defender, of counsel and on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Nina D. Bonner, Deputy Attorney General, of counsel and on the brief).

Before Judges NEWMAN, R.B. COLEMAN and LANDAU.

The opinion of the court was delivered by

LANDAU, J.A.D. (Retired and temporarily assigned on recall).

Charged with second degree aggravated assault (N.J.S.A. 2C:12-1b(1)) defendant Carlos Moore entered a retraxit plea of guilty on July 18, 2002, under a plea agreement that provided for a five year term of imprisonment subject to a mandatory eighty five percent parole ineligibility term under the No Early Release Act (NERA). The term was to be...

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