Legal Opinion
State v. Clarity
New Jersey Superior Court Appellate Division
Decided April 26, 2018No. DOCKET NO. A–4831–16T2PublishedCited by 13 opinions
1Opinion of the Court
The opinion of the court was delivered by FISHER, P.J.A.D.
*606N.J.S.A. 2C:44-3(a) permits imposition of an extended prison term when the defendant was convicted of at least two separate prior crimes but only if "the latest" of those crimes was committed or the defendant's "last release from confinement" occurred-"whichever is later"-within ten years of the charged crime. Because the last of defendant's prior crimes was committed in Florida ten years and three weeks before the crime charged here, and because defendant was not "confined"-he was sentenced in Florida to a probationary term and being…
2Cases cited12 opinions
- Cabell v. MarkhamCourt of Appeals for the Second Circuit · 1945
- Markham v. CabellSupreme Court of the United States · 1946
- State v. DunbarSupreme Court of New Jersey · 1987
- State v. James Grate State v. Fuquan Cromwell (072750)Supreme Court of New Jersey · 2015
- State v. ValentinSupreme Court of New Jersey · 1987
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Plastic Surgery Ctr., PA v. Malouf Chevrolet-Cadillac, Inc.New Jersey Superior Court Appellate Division · 2019
- DEUTSCHE BANK TRUST COMPANY AMERICAS, ETC. VS. DEBBIE A. WEINER (F-026288-16, SOMERSET COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2018
- State ex rel. C.F.New Jersey Superior Court Appellate Division · 2019
- A-0850-18T3 STATE OF NEW JERSEY VS. TYWAUN S. HEDGESPETH (16-07-2215 AND 16-07-2216, ESSEX COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2020
- STATE OF NEW JERSEY VS. MARK BROWNE (13-08-1529, HUDSON COUNTY AND STATEWIDE)New Jersey Superior Court Appellate Division · 2019
8 more not listed; retrieve them via the Exa API.