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STATE v. JARRELLS

839 A.2d 99 (2004)

365 N.J. Super. 320

STATE of New Jersey, Plaintiff-Respondent, v. Kevin JARRELLS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 2004.

Attorney(s) appearing for the Case

Sylvia Orenstein, Assistant Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Orenstein, on the brief).

Carol M. Henderson, Assistant Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General, attorney; Ms. Henderson, on the brief).

Before Judges PRESSLER, PARKER and COLEMAN.

The opinion of the court was delivered by PARKER, J.A.D.

This appeal was transferred from our September 16, 2003, excess sentencing calendar, R. 2:9-11, for further briefing and argument on our plenary calendar so that we may consider the question of whether the pre-amendment No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 (1997)1, is applicable to a conviction for vehicular homicide, N.J.S.A. 2C:11-5. Defendant argues...

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