Supreme Court of New Jersey· 8/2/2005

State v. Franklin

Citations

878 A.2d 757
184 N.J. 516
2005 N.J. LEXIS 937

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

vacating extended sentence imposed pursuant to the Graves Act when based upon judicial factfinding utilizing preponderance of evidence standard
approving sentence enhancement on jury finding of firearm use in commission of offense
applying Apprendi v. New Jersey [2] to Graves Act second-offender sentencing
\That a defendant possessed a gun during the commission of a crime is a fact that must be presented to a grand jury and found by a petit jury beyond a reasonable doubt if the court intends to rely on it to impose a sentence exceeding the statutory maximum.\
\That a defendant possessed a gun during the commission of a crime is a fact that must be presented to a grand jury and found by a petit jury beyond a reasonable doubt if the court intends to rely on it to impose a sentence exceeding the statutory maximum.\
\That a defendant possessed a gun during the commission of a crime is a fact that must be presented to a grand jury and found by a petit jury beyond a reasonable doubt if the court intends to rely on it to impose a sentence exceeding the statutory maximum.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Albin

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