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STATE v. APPRENDI

304 N.J. Super. 147 (1997)

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. CHARLES APPRENDI, JR., DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided August 19, 1997.

Attorney(s) appearing for the Case

Joseph D. O'Neill argued the cause for appellant (Joseph D. O'Neill, attorney; Mr. O'Neill and Charles I. Coant, on the brief).

Lisa Sarnoff Gochman argued the cause for respondent (Peter Verniero, Attorney General of New Jersey, attorney; Ms. Gochman, of counsel and on the brief).

Before Judges STERN, HUMPHREYS and WECKER.

HUMPHREYS, J.A.D.

The defendant appeals his extended term sentence which was imposed pursuant to N.J.S.A. 2C:44-3(e) (the "Hate Crime Statute"). The defendant asserts that the statute is unconstitutional because: (1) the statute is too vague; (2) the statute violates his constitutional right to due process by using a preponderance of the evidence standard.

We have thoroughly reviewed the record and considered the arguments presented. We conclude that...

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