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STATE v. KELLY

302 N.J. Super. 145 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. IZEL KELLY, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 1997.

Attorney(s) appearing for the Case

Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for appellant (Susan L. Reisner, Public Defender, attorney; Mr. Sloan, of counsel and on the brief).

Appellant Izel Kelly, Jr. filed a pro se supplemental brief.

Nancy Peremes Barton, Deputy Attorney General, argued the cause for respondent (Peter Verniero, Attorney General, attorney; Ms. Barton, of counsel and on the briefs).

Before Judges PETRELLA, WALLACE, and KIMMELMAN.

The opinion of the court was delivered by PETRELLA, P.J.A.D.

Tried before a jury, defendant Izel Kelly was convicted of felony murder, contrary to N.J.S.A. 2C:11-3a(3), and second degree robbery, contrary to N.J.S.A. 2C:15-1. At sentencing, the judge merged the robbery conviction into that for felony murder and sentenced Kelly to seventy years in prison, thirty years parole ineligibility, and assessed $1,000 in VCCB penalties and assessments.

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