State v. Stewart

The opinion of the Court was delivered by

WILENTZ, C.J.

This case raises questions concerning the scope of the mandatory sentencing provisions known as the Graves Act, N.J.S.A. 2C:43-6, L.1981, c. 31,1 and the proper procedures to be followed in sentencing a criminal defendant under the Act. Specifically, we are asked to determine what constitutes possession of a firearm for purposes of the Graves Act. Further, we must define the procedure trial courts should use to decide the question of possession or use of a firearm, the critical fact in determining whether the Act applies. We also apply our…