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STATE v. THOMAS

902 A.2d 1185 (2006)

188 N.J. 137

STATE of New Jersey, Plaintiff-Respondent, v. Chris THOMAS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 2, 2006.

Attorney(s) appearing for the Case

Frank J. Pugliese, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Mr. Pugliese and Joan T. Buckley, Designated Counsel, on the briefs).

Joan E. Love, Assistant Prosecutor, argued the cause for respondent (Paula T. Dow, Essex County Prosecutor, attorney).

Carol M. Henderson, Assistant Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).

Justice LaVECCHIA delivered the opinion of the Court.

This appeal requires us to consider a challenge to a mandatory extended-term sentence imposed on a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f). Defendant frames the issue as whether his Sixth Amendment rights were violated when the court, and not a jury, made the determination that his prior convictions supported the finding of two recidivism-based aggravating factors, which led to the court's imposition...

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