State of New Jersey, Plaintiff-Respondent v. Chris Thomas, Defendant-Appellant

Summary

The New Jersey Supreme Court held that the mandatory extended‑term statute does not violate the Sixth Amendment because the court may find the fact of prior convictions, but the court may not rely solely on those convictions to find aggravating factors (3) risk of repeat offense and (9) need for deterrence; therefore the defendant’s sentence above the presumptive range must be vacated and the case remanded for resentencing.