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STATE v. APPRENDI

731 A.2d 485 (1999)

159 N.J. 7

STATE of New Jersey, Plaintiff-Respondent, v. Charles APPRENDI, Jr., Defendant-Appellant.

Supreme Court of New Jersey.

Decided June 24, 1999.

Attorney(s) appearing for the Case

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

Jacqueline E. Turner, Assistant Deputy Public Defender, for amicus curiae, Office of the Public Defender (Ivelisse Torres, Public Defender, attorney).

Lisa Sarnoff Gochman, Deputy Attorney General, for plaintiff-respondent (Peter Verniero, Attorney General of New Jersey, attorney).

The opinion of the Court was delivered by O'HERN, J.

An issue that is surfacing with increasing frequency in criminal cases is whether a given portion of a statute constitutes an element of an offense or, instead, is a sentencing provision. The answer determines whether the factual determinations for which the provision calls are to be made by the fact-finder or the sentencer, and whether the reasonable doubt standard of proof must be applied.

[67 U.S...

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