STATE v. WADE


777 A.2d 346 (2001)

169 N.J. 302

STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent, v. Barry D. WADE, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided August 9, 2001.


Attorney(s) appearing for the Case

Robert W. Johnson, Acting Assistant Prosecutor, argued the cause for appellant and cross-respondent (David E. Blaker, Acting Cape May County Prosecutor, attorney).

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Peter A. Garcia, Acting Public Defender, attorney).

Analisa Sama Holmes, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).


PER CURIAM.

Defendant pled guilty to second-degree vehicular homicide, N.J.S.A. 2C:11-5, and to operating a vehicle while under the influence of alcohol (DWI), N.J.S.A. 39:4-50(a). The sentencing court held that the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, did not apply to vehicular homicide. The court also declined to merge the vehicular homicide conviction with the DWI conviction, concluding that defendant's reckless conduct in causing...

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