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State v. Olsvary

January 31, 2003

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
PAUL OLSVARY, DEFENDANT-APPELLANT.



On appeal from Superior Court, Law Division, Criminal Part, Monmouth County, Ind. Nos. 00-12-02084; 01-07-00781; 00-12-01481.

Before Judges Conley, Carchman and Parrillo.

The opinion of the court was delivered by: Conley, P.J.A.D.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued - January 15, 2003

Following a guilty plea to fourth-degree criminal sexual contact, N.J.S.A. 2C:14-3b, and fourth-degree violation of a prior sentence of community supervision for life, N.J.S.A. 2C:43-6.4d, *fn1 defendant was sentenced to an extended term of three years on the N.J.S.A. 2C:43-6.4d conviction and a concurrent eighteen-month term on the N.J.S.A. 2C:14-3b conviction, along with the necessary fines and penalties. All agree that N.J.S.A. 2C:43-6.4e(1) mandates an "extended term of imprisonment" for persons who have, previously, been sentenced to a community supervision for life for certain sexual crimes, including defendant's prior conviction of N.J.S. A. 2C:24-4, where that person thereafter commits certain specific crimes, including defendant's present conviction of fourth-degree sexual contact under N.J.S.A. 2C:14-3. It is, as well, agreed that the Code provision which establishes the parameters to guide sentencing judges on extended terms of imprisonment, N.J.S.A. 2C:43-7a, and which makes reference to "the cases designated in subsection e of section 2 of P.L. 1994, c. 130 (c. 2C:43-6.4)," nonetheless, does not establish any parameters for a N.J.S.A. 2C:43-6.4e(1) mandated extended term.

In full, N.J.S.A. 2C:43-7 provides:

a. In the cases designated in section 2C:44-3, a person who has been convicted of a crime may be sentenced, and in the cases designated in subsection e. of section 2 of P.L.1994, c. 130 (C. 2C:43-6.4), in subsection b. of section 2 of P.L.1995, c. 126 (C.2C:43-7.1) and in the cases designated in section 1 of P.L.1997, c. 410 (C. 2C:44-5.1), a person who has been convicted of a crime shall be sentenced, to an extended term of imprisonment, as follows:

(1) In case of aggravated manslaughter sentenced under subsection c. of N.J.S. 2C:11-4; or kidnapping when sentenced as a crime of the first degree under paragraph (1) of subsection c. of 2C:13-1; or aggravated sexual assault if the person is eligible for an extended term pursuant to the provisions of subsection g. of N.J.S. 2C:44-3 for a specific term of years which shall be between 30 years and life imprisonment;

(2) Except for the crime of murder and except as provided in paragraph (1) of this subsection, in the case of a crime of the first degree, for a specific term of years which shall be fixed by the court and shall be between 20 years and life imprisonment;

(3) In the case of a crime of the second degree, for a term which shall be fixed by the court between 10 and 20 years;

(4) In the case of a crime of the third degree, for a term which shall be fixed by the court between five and 10 years;

(5) In the case of a crime of the fourth degree pursuant to 2C:43-6c. and 2C:44-3d. for a term of five years, and in the case of a crime of the fourth degree pursuant to 2C:43-6f. and 2C:43-6g. for a term which shall be fixed by the court between three and five years;

(6) In the case of the crime of murder, for a specific term of years which shall be fixed by the court between 35 years and life imprisonment, of which the defendant shall serve 35 years before being eligible for parole;

(7) In the case of kidnapping under paragraph (2) of subsection c. of 2C:13-1, for a specific term of years which shall be fixed by the court between 30 years and life imprisonment, of which the defendant ...


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