State v. Jarrells

The opinion of the court was delivered by

PARKER, J.A.D.

This appeal was transferred from our September 16, 2003, excess sentencing calendar, R. 2:9-11, for further briefing and argument on our plenary calendar so that we may consider the question of whether the pre-amendment No Early Release Act (NERA), N.J.S.A. 2C:43-7.2 (1997) 1, is applicable to a conviction *322for vehicular homicide, N.J.S.A. 2C:11-5. Defendant argues that the sentencing provisions contained in the vehicular homicide statute apply to his conviction and the eighty-five percent parole ineligibility under NERA was illegally…