State v. Allen

In State v. Allen, 337 N.J. Super. 259, 766 A.2d 1168 (App.Div.2001), the Court held that a NERA ineligibility term may not be imposed upon an extended term sentence, but "that the imposition of an extended term for a first or second degree 'violent crime' (as defined in N.J.S.A. 2C:43-7.2d) must embody a parole ineligibility term at least equal to the NERA sentence applicable to the maximum ordinary term for the degree of crime involved." State v. Allen, 337 N.J. Super. at 273-74, 766 A.2d 1168. In Allen, the Court said: Of course, defendant could receive a sentence of a specific number of years between thirty years and life imprisonment for the murder conviction, N.J.S.A. 2C:11-3b(1), and if applicable, the length of the NERA ineligibility term would depend on the sentence imposed. On the other hand, if our interpretation of the Parole Act is incorrect and a life sentence cannot be quantified for purposes of NERA, the result in Manzie would be correct because there would be no basis on which to fix an 85% parole ineligibility term on a life sentence for murder or an extended sentence for a first degree crime, and it would be illogical to believe that the Legislature would have envisioned a thirty (or thirty-five) year parole ineligibility term for a life sentence for a person convicted of murder and a twenty-five year parole ineligibility term for other persons sentenced to life imprisonment, see N.J.S.A. 2C:43-7, but greater ineligibility terms for those sentenced to a lesser number of years for murder or an extended term for a first degree crime. 337 N.J. Super. at 274 n. 12, 766 A.2d 1168. Thus, in Allen we concluded that a NERA sentence on an extended term had to be the NERA sentence that would be imposed had defendant been sentenced to the maximum ordinary term for the crime of which he is convicted. The Court added, however, that "imposition of a mandatory or discretionary ineligibility term on an extended term sentence could be longer if required or authorized by a non-NERA statute." 337 N.J. Super. at 274, 766 A.2d 1168.