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State v. Jenkins

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted: December 18, 2001

Following a third extended trial, defendant was convicted of aggravated manslaughter as a lesser included offense of murder, N.J.S.A. 2C:11-4; felony murder, N.J.S.A. 2C:11-3a(3); two counts of carjacking, N.J.S.A. 2C:15-2; robbery, N.J.S.A. 2C:15-1; two counts of conspiracy, N.J.S.A. 2C:5-2; one count of aggravated assault, N.J.S.A. 2C:12-1b(4); two counts of possession of a handgun for an unlawful purpose, N.J.S.A. 2C:39-4a; two counts of unlawful possession of a handgun, N.J.S.A. 2C:39-5b; and one count of receiving stolen property, N.J.S.A. 2C:20-7. Two of the convictions (felony murder and aggravated assault) were for Graves Act offenses, N.J.S.A. 2C:43-6c. At sentencing, the trial court granted the State’s motion for an extended term under N.J.S.A. 2C:44-3d. For felony murder, the trial court sentenced defendant to life in prison, with a thirty-five year period of parole ineligibility. The two carjacking convictions were first-degree crimes; for those offenses the trial court sentenced defendant to two concurrent thirty-year terms, with a fifteen-year period of parole ineligibility but directed that sentence be served consecutively to the sentence for felony murder. All other sentences were made concurrent. Defendant’s aggregate sentence is thus life in prison, with a fifty-year period of parole ineligibility. Defendant appeals his convictions and sentence. We have reviewed the record on appeal in light of the contentions advanced and are satisfied that defendant’s convictions and sentence should be affirmed.

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