State v. Rahsjahn Courtney(082857)(Somerset County & Statewide) (A-17-19; 082857)
Section 12 does not require a formal application when a prosecutor agrees not to request a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f) yet seeks the benefit of a Section 12 plea agreement. Here, defendant was given ample notice that he was extended-term eligible and that the State was seeking the benefit of Section 12 for the negotiated plea agreement, and defendant did not object to the State’s proffer that he was extended-term eligible. The Court affirms the judgment of the Appellate Division upholding his sentence. Given the importance of ensuring consistency and accuracy in sentencing, the Court provides guidance for future cases where the State agrees not to request an extended term but still seeks the benefit of a negotiated waiver of the CDRA’s mandatory sentencing requirements under N.J.S.A. 2C:35-12.
