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Criminal Procedure Keyed to Dressler
Apprendi v. New Jersey
Citation:530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435.
The defendant plead guilty to a second-degree offense, which is punishable by imprisonment between 5-10 years. Pursuant to a New Jersey hate crime statute, however, the defendant was sentenced to 12 years of imprisonment. The statute provides for an “extended term” of imprisonment if the trial judge finds, by a preponderance of the evidence, that “the defendant in committing the crime acted with a purpose to intimidate an individual or group of individuals because of race, color, gender, handicap, religion, sexual orientation or ethnicity.” The extended term authorized by the hate crime law for second-degree offenses is imprisonment for “between 10 and 20 years.”
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