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STATE v. RUMBLIN

766 A.2d 1141 (2001)

166 N.J. 550

STATE of New Jersey, Plaintiff-Respondent, v. Charles RUMBLIN, a/k/a Dawud M. McGhee and Jamal Jones, Defendant-Appellant.

Supreme Court of New Jersey.

Decided February 28, 2001.

Attorney(s) appearing for the Case

Alison S. Perrone, Assistant Deputy Public Defender, argued the cause for appellant, (Ivelisse Torres, Public Defender, attorney; Ms. Perrone and Claire Drugach, on the letter briefs).

John J. Scaliti, Assistant Prosecutor, argued the cause for respondent, (William H. Schmidt, Bergen County Prosecutor, attorney).

Steven A. Yomtov, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey, (John J. Farmer, Jr., Attorney General, attorney).

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

This appeal requires us to decide whether the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, may be applied to a defendant convicted of a first or second degree offense as an accomplice rather than as a principal. In a published opinion, the Appellate Division held that NERA may be applied to accomplices. State v. Rumblin, 326 N.J.Super. 296, 302,

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