State v. Martin

The opinion of the Court was delivered by

WILENTZ, Chief Justice.

The Graves Act (A. 1981, c. 31) is designed to deter the possession or use of guns by criminals. It requires special sentencing for certain offenses when a gun is involved. Imprisonment is mandatory. The minimum term of imprisonment must be at least eighteen months for a fourth-degree crime and at least three years for any other crime; the law explicitly prohibits parole during these minimum terms. N.J.S.A. 2C:43-6c. The consequences are even more severe if the defendant has a prior Graves Act conviction, roughly twice as severe.…