Opinion
2013-12-6
STATE of New Jersey, Plaintiff–Respondent, v. Fuquan CROMWELL, a/k/a Fuguan Cromwell, Fuquan A. Cromwell, Samaad Cromwell, Samad Cromwell, Samaad Lather, Samaad N.J.L., and Samaad N. Lather, Defendant–Petitioner.
ORDERED that the petition for certification is granted limited to the following issues: does the “knowingly” mens rea requirement of N.J.S.A. 2C:39–5e(1), third-degree unlawful possession of a weapon at an education institution, apply to both the possession of the firearm and the presence at an educational institution; did the trial court err in finding and applying the aggravating factor of N.J.S.A. 2C:44–1(a)(5) (substantial likelihood that defendant is involved in organized criminal activity) in sentencing defendant; and does the decision in Alleyne v. United States, ––– U.S. ––––, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), overruling Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), render the imposition of a mandatory minimum sentence invalid under the Sixth Amendment to the United States Constitution?