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STATE v. KEARNS

922 A.2d 813 (2007)

393 N.J. Super. 107

STATE of New Jersey, Plaintiff-Appellant, v. Brett KEARNS, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided May 15, 2007.

Attorney(s) appearing for the Case

Bruce J. Kaplan, Middlesex County Prosecutor, attorney for appellant (Simon Louis Rosenbach, Assistant Prosecutor, of counsel and on the brief).

Yvonne Smith Segars, Public Defender, attorney for respondent (Joel M. Harris, Designated Counsel, of counsel and on the brief).

Before Judges LINTNER, S.L. REISNER and C.L. MINIMAN.

The opinion of the court was delivered by

LINTNER, J.A.D.

The State appeals from a sentence imposed following a revocation of probation asserting the judge erred in failing to impose a mandatory No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, term of parole ineligibility. We agree and remand to correct the sentence imposed.

On February 19, 2003, defendant, Brett Kearns, was indicted by a Middlesex County grand jury with one count of second...

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