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STATE v. FRANKLIN

878 A.2d 757 (2005)

184 N.J. 516

STATE of New Jersey, Plaintiff-Respondent, v. Allan FRANKLIN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 2, 2005.

Attorney(s) appearing for the Case

James K. Smith, Jr., Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for respondent (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).

Steven G. Sanders, Chatham, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Arseneault, Fassett & Mariano, attorneys).

Karen L. Fiorelli, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).

Justice ALBIN delivered the opinion of the Court.

A jury convicted defendant Allan Franklin of second-degree passion/provocation manslaughter and acquitted him of various gun-related offenses. Based on the trial evidence, the sentencing judge determined that defendant committed the crime with a handgun, a fact not specifically found by the jury. Because that finding made defendant a second-time offender under the Graves Act, N.J.S.A. 2C:43-6(c), (d)...

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