State of New Jersey in the Interest of K.O., a Minor

Summary

The Supreme Court of New Jersey held that N.J.S.A. 2A:4A-44(d)(3) requires two separate prior predicate adjudications, one resulting in incarceration, and excludes the present adjudication from counting toward that requirement. Applying a de novo standard, the Court reversed the Appellate Division's extended‑term sentence. Chief Justice Rabner filed a concurring opinion emphasizing the doctrine of lenity, but ultimately agreed with the majority's result.