State v. Manzie

762 A.2d 276, 335 N.J. Super. 267
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 29, 2000
StatusPublished
Cited by32 cases

This text of 762 A.2d 276 (State v. Manzie) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Manzie, 762 A.2d 276, 335 N.J. Super. 267 (N.J. Ct. App. 2000).

Opinion

762 A.2d 276 (2000)
335 N.J. Super. 267

STATE of New Jersey, Plaintiff-Respondent,
v.
Samuel A. MANZIE, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Argued October 12, 2000.
Decided November 29, 2000.

John Michael Vazquez argued the cause for appellant, (Michael Critchley & Associates, West Orange, attorneys; Michael Critchley and Mr. Vazquez, on the brief).

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for respondent, (John J. Farmer, Jr., Attorney General, attorney; Ms. Gochman, of counsel and on the brief).

Before Judges D'ANNUNZIO, KEEFE, and EICHEN.

The opinion of the court was delivered by *277 D'ANNUNZIO, P.J.A.D.

Samuel Manzie, then 17 years of age, pleaded guilty to the murder of Edward Werner. Manzie committed the murder on September 27, 1997. At that time, Werner was 11 and Manzie was 15. The Family Part waived jurisdiction, and Manzie was indicted. Manzie entered his guilty plea against the advice of his counsel and his family. The State agreed to dismiss the other nine counts of the indictment, which included charges of aggravated sexual assault, aggravated criminal sexual contact, and first degree robbery. The State agreed not to seek a mandatory sentence of life imprisonment without parole under N.J.S.A. 2C:11-3b(3), which applies to the murder of a child under the age of 14 in the course of a sexual assault or criminal sexual contact. The State indicated, however, that it would seek a term of imprisonment up to life, as well as application of the No Early Release Act (NERA). NERA requires service of 85% of a sentence without parole in the event of conviction of a first or second degree "violent crime." N.J.S.A. 2C:43-7.2a.

The trial court sentenced defendant to 70 years' imprisonment and applied NERA, ordering that Manzie not be eligible for parole until he has served 59 years and 6 months of his sentence. The sentencing court also imposed the 30-year mandatory period of parole ineligibility required in the murder statute, N.J.S.A. 2C:11-3b, noting, however, that "the paramount provision of the `No-Early-Release-Law' shall govern." The court dismissed the other counts in the indictment.

Manzie appeals and makes the following contentions:

POINT I
THE LOWER COURT ERRED, FACTUALLY AND LEGALLY, IN DETERMINING AND WEIGHING THE AGGRAVATING AND MITIGATING FACTORS UNDER N.J.S.A. 2C:44-1.
POINT II

THE LOWER COURT ERRED IN APPLYING THE NO EARLY RELEASE ACT, N.J.S.A. 2C:43-7.2, IN THE PRESENT MATTER SINCE THAT ACT DOES NOT APPLY TO MURDER UNDER N.J.S.A. 2C:11-3.

The first contention is without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We perceive no basis in the record to interfere with the trial court's sentence of 70 years' imprisonment.

The difficult issue is whether NERA applies to murder. N.J.S.A. 2C:43-7.2a and d provide:

a. A court imposing a sentence of incarceration for a crime of the first or second degree shall fix a minimum term of 85% of the sentence during which the defendant shall not be eligible for parole if the crime is a violent crime as defined in subsection d. of this section.
....
d. For the purposes of this section, "violent crime" means any crime in which the actor causes death, causes serious bodily injury as defined in subsection b. of N.J.S. 2C:11-1, or uses or threatens the immediate use of a deadly weapon. "Violent crime" also includes any aggravated sexual assault or sexual assault in which the actor uses, or threatens the immediate use of, physical force.
For the purposes of this section, "deadly weapon" means any firearm or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used, is known to be capable of producing death or serious bodily injury.

The issue is one of legislative intent. See State v. Ferencsik, 326 N.J.Super. 228, 230-31, 741 A.2d 101 (App.Div. 1999) (reviewing principles of statutory construction). The State argues that the statute is clear and unambiguous; murder is a violent crime as defined in subsection *278 d because Manzie caused Werner's death. Indeed, we have applied NERA to other forms of homicide, such as reckless manslaughter, State v. Newman, 325 N.J.Super. 556, 561, 740 A.2d 153 (App.Div.1999) (holding that "the plain language admits only one interpretation—reckless manslaughter falls within [NERA] ..."), certif. denied, 163 N.J. 396, 749 A.2d 370 (2000), and to vehicular homicide, State v. Ferencsik, supra, 326 N.J.Super. at 231, 741 A.2d 101 (stating that "[w]e perceive no ambiguity from language or context in the Act's definition of a `violent crime,'" as applied to vehicular homicide). Murder, however, is different.

NERA applies to crimes "of the first or second degree." N.J.S.A. 2C:43-7.2a. But the statute does not mention murder. Although murder is characterized as a crime of the first degree, N.J.S.A. 2C:11-3b(1), it is rarely, if ever, analyzed as a first degree crime because the murder statute establishes a discrete sentencing scheme which deviates substantially from the sentencing options applicable to first degree crimes.

The court may sentence a person convicted of a first degree crime to imprisonment "for a specific term of years which shall be fixed by the court and shall be between 10 years and 20 years." N.J.S.A. 2C:43-6a(1). The presumptive sentence for a first degree crime is 15 years. N.J.S.A. 2C:44-1f(1)(b). The statute establishing presumptive terms explicitly states that it does not apply to murder. N.J.S.A. 2C:44-1f(1). In sentencing for a first degree crime, a court may impose a period of parole ineligibility of up to one-half of the sentence. Because the maximum ordinary term for a first degree crime is 20 years, the maximum period of parole ineligibility is 10 years. N.J.S.A. 2C:43-6b.

More severe ordinary terms may be imposed for certain first degree crimes such as aggravated manslaughter, N.J.S.A. 2C:11-4a, and kidnapping, N.J.S.A. 2C:131a and b. A person may be sentenced to a prison term between 10 and 30 years for aggravated manslaughter, N.J.S.A. 2C:11-4c, and to a prison term between 15 and 30 years for kidnapping. N.J.S.A. 2C:13-1c(1).

Murder, however, is unique. See State v. Maguire, 84 N.J. 508, 526, 423 A.2d 294 (1980) (holding that crime of murder is subject to discretionary term of life imprisonment, though it is described as a crime of the first degree); State v. Serrone, 95 N.J. 23, 27, 468 A.2d 1050 (1983) (holding that life imprisonment for murder is an ordinary term, not an extended term; therefore, consecutive life sentences may be imposed for double murder despite prohibition against imposition of two extended terms). It may result in a death sentence. N.J.S.A. 2C:11-3c. In non-capital murder, the minimum sentence is 30 years without parole. N.J.S.A. 2C:11-3b(1). The court may sentence a convicted murderer to a term in excess of 30 years and up to life imprisonment, but 30 years of that sentence must be served before parole eligibility. Ibid. A sentence of life imprisonment without parole must be imposed in certain circumstances if the victim was a law enforcement officer, N.J.S.A.

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Bluebook (online)
762 A.2d 276, 335 N.J. Super. 267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-manzie-njsuperctappdiv-2000.