5-12-09 State v. Steven R. Fortin (A-27-08)
Because defendant had prior notice of the former statute’s death
penalty procedures, there is no impediment to proceeding to the
penalty phase under the former statute. If the jury concludes
that the State has proven beyond a reasonable doubt that the
aggravating factors outweigh the mitigating factors, rendering
defendant subject to a death sentence under the former law, then
imposing a life-without-parole sentence under the new law would
not violate the Ex Post Facto Clause. If the jury finds in
favor of a non-death sentence, defendant must be sentenced under
the law as it existed at the time of the offense, to a term of
thirty years to life with a thirty-year parole disqualifier.
