STATE v. GARCIA


204 N.J. Super. 202 (1985)

497 A.2d 1296

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MIGUEL GARCIA, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided September 18, 1985.


Attorney(s) appearing for the Case

Thomas S. Smith, Acting Public Defender, attorney for appellant (Charlotte Hollander, Designated Attorney, on the letter brief).

Irwin I. Kimmelman, Attorney General, attorney for respondent (Mary Ellen Halloran, Deputy Attorney General, of counsel and on the letter brief).

Before Judges KING and FURMAN.


PER CURIAM.

Defendant was convicted of second degree robbery, contrary to N.J.S.A. 2C:15-1, and was sentenced as a persistent offender to an extended term of imprisonment of ten years with a parole ineligibility period of five years.1

On appeal defendant's only challenge is to his sentence to an extended term under N.J.S.A. 2C:44-3a. He urges that he was not subject under that statute to imposition of an extended...

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