STATE v. GILLESPIE


203 N.J. Super. 417 (1984)

497 A.2d 232

STATE OF NEW JERSEY, PLAINTIFF, v. TERRY GILLESPIE, DEFENDANT.

Superior Court of New Jersey, Law Division (Criminal), Union County.

Decided December 21, 1984.


Attorney(s) appearing for the Case

William Daniel, Assistant Prosecutor, for plaintiff (John H. Stamler, Prosecutor).

Sheri Tanne, Assistant Deputy Public Defender, for defendant (S. David Levy, Deputy Public Defender).


MENZA, J.S.C.

The question before the court is whether a defendant convicted of first degree robbery with a hand gun for the second time must receive an extended term of imprisonment under N.J.S.A. 2C:43-6(c) (The Graves Act), when the offense that formed the basis for the second conviction occurred prior to the defendant's first conviction.

Both offenses occurred prior to the defendant's first conviction. The chronology is as follows:

FIRST...

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