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STATE v. HAWKS

114 N.J. 359 (1989)

554 A.2d 1330

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. ERNEST JESSE HAWKS, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided March 23, 1989.

Attorney(s) appearing for the Case

Edward P. Hannigan, Assistant Deputy Public Defender, argued the cause for appellant (Alfred A. Slocum, Public Defender, attorney).

Debra L. Stone, Deputy Attorney General, argued the cause for respondent (Cary Edwards, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by CLIFFORD, J.

At issue on this appeal, here as of right because of a dissent below, see Rule 2:2-1(a)(2), are the mandatory extended-term provisions of the Graves Act, N.J.S.A. 2C:43-6c and N.J.S.A. 2C:44-3d. The precise question is whether those provisions apply to a defendant whose first Graves Act offense is the subject of his second Graves Act conviction.

The majority in the Appellate Division...

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