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STATE v. FORTIN

Docket No. A-3579-07T4.

948 A.2d 160 (2008)

400 N.J. Super. 434

STATE of New Jersey, Plaintiff-Appellant, v. Steven R. FORTIN, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 2008.

Attorney(s) appearing for the Case

Nancy A. Hulett, Assistant Prosecutor, argued the cause for appellant (Bruce J. Kaplan, Middlesex County Prosecutor, attorney; Ms. Hulett, of counsel and on the brief).

Jacqueline E. Turner, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Ms. Turner, of counsel and on the brief).

Before Judges STERN, A.A. RODRÍGUEZ and COLLESTER.

The opinion of the court was delivered by

STERN, P.J.A.D.

We granted leave to appeal to decide whether a defendant who faced only a thirty year period of parole ineligibility for a murder committed in 1994, if he was not sentenced to death under our former death penalty complex repealed on December 17, 2007, can be sentenced to life-without-parole as a result of the statute which repealed capital punishment. We hold that he cannot, and affirm the order of...

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