A-62/63-24 State v. Jamel Carlton (090241)
Read Appellate Opinion A-0532-22
If the determination of whether defendant was a persistent offender subject to an extended term sentence under N.J.S.A. 2C:44-3 was made by a judge, instead of by a jury, see Erlinger v. United States, 602 U.S. 821 (2024), does harmless error analysis apply, and does the statutory language of N.J.S.A. 2C:44-3 require that a judge, not a jury, determine if a defendant is a persistent offender?
[Note: The Court imposed an expedited, peremptory briefing schedule in this matter. Any motion for leave to appear as amicus curiae shall be served and filed through eCourts Supreme, with the proposed amicus brief, on or before 7/16/2025. For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955. No further submissions will be accepted unless requested by the Court.]
- Certification Granted : May 16, 2025
- Posted: May 21, 2025