State v. Kearns

The opinion of the court was delivered by

LINTNER, J.A.D.

The State appeals from a sentence imposed following a revocation of probation asserting the judge erred in failing to impose a mandatory No Early Release Act (ÑERA), N.J.S.Al. 2C:43-7.2, term of parole ineligibility. We agree and remand to correct the sentence imposed.

On February 19, 2003, defendant, Brett Kearns, was indicted by a Middlesex County grand jury with one count of second-degree robbery, N.J.S.A. 2C:15-1. On June 16, 2003, pursuant to a negotiated plea agreement, defendant pled guilty to the indictment. The State agreed that…