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STATE v. LIVINGSTON

797 A.2d 153 (2002)

172 N.J. 209

STATE of New Jersey, Plaintiff, v. Sylvester LIVINGSTON, Defendant. State of New Jersey, Plaintiff-Appellant, v. Derrick Grimsley, Defendant-Respondent.

Supreme Court of New Jersey.

Decided May 23, 2002.

Attorney(s) appearing for the Case

Dorothy A. Hersh, Assistant Prosecutor, argued the cause for appellant (Daniel G. Giaquinto, Mercer County Prosecutor, attorney; Ms. Hersh and Kimberly M. Lacken, Assistant Prosecutor, of counsel and on the brief).

Frank J. Pugliese, Assistant Deputy Public Defender, argued the cause for respondent (Peter A. Garcia, Acting Public Defender, attorney).

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

This appeal raises novel questions concerning the application of the Persistent Offenders Accountability Act, also known as the "Three Strikes" law, N.J.S.A. 2C:43-7.1a. That statute mandates a sentence of life imprisonment for a third-time criminal offender "who has on two or more prior and separate occasions been convicted" of certain enumerated first- and second...

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