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STATE v. STANTON

820 A.2d 637 (2003)

176 N.J. 75

STATE of New Jersey, Plaintiff-Appellant, v. Traci E. STANTON, a/k/a Traci Fry and Traci Pfaff, Defendant-Respondent.

Supreme Court of New Jersey.

Reargued November 18, 2002.

Decided April 17, 2003.

Attorney(s) appearing for the Case

Mark Paul Cronin, Deputy Attorney General, argued the cause for appellant (Peter C. Harvey, Acting Attorney General of New Jersey, attorney; Jordana Jakubovic, Deputy Attorney General and Carol M. Henderson, Assistant Attorney General, of counsel and on the briefs).

Linda Mehling, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

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

This appeal involves a conviction for second-degree vehicular homicide, N.J.S.A. 2C:11-5b, based on defendant's reckless operation of her motor vehicle. The State relied on intoxication and other evidence such as speed to establish that defendant recklessly operated her motor vehicle. The jury was not asked to state the basis for its finding of recklessness. The sentencing provision for vehicular homicide...

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