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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted February 26, 2002

Following a jury trial, defendant Daniel P. Galiano was found guilty of first-degree armed robbery, N.J.S.A. 2C:15-1; and second-degree possession of a firearm for an unlawful purpose, N.J.S.A. 2C:39-4a. The trial court denied the State’s motion requesting that defendant be sentenced to life in prison without parole, pursuant to N.J.S.A. 2C:43-7.1a, the so-called “Three- Strikes” statute. Instead, the trial court sentenced defendant to life in prison with a twenty-five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:44-3d, which requires an extended-term sentence for persons convicted of a violation of N.J.S.A. 2C:39-4a when that person has previously been convicted of certain enumerated offenses, including armed robbery. Defendant’s conviction for unlawfully possessing a firearm was merged into the conviction for armed robbery. Appropriate fees and penalties were also imposed.

 
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