The opinion
NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court ." Although it is posted on the
internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-3174-23
STATE OF NEW JERSEY,
Plaintiff-Appellant,
v.
COWAN RAINEY, a/k/a
SEAN NAUGHTON,
IAN FARRAR, and
IAN FERRARA,
Defendant-Respondent.
________________________
Argued October 21, 2025 – Decided February 20, 2026
Before Judges Gooden Brown and Torregrossa-
O'Connor.
On appeal from the Superior Court of New Jersey, Law
Division, Monmouth County, Indictment No. 22-06-
0899.
Alexandra E. Harrigan, Assistant Prosecutor, argued
the cause for appellant (Raymond S. Santiago,
Monmouth County Prosecutor, attorney; Monica do
Outeiro, Assistant Prosecutor, of counsel and on the
brief; Alexandra E. Harrigan, on the brief).
Frank M. Gennaro, Designated Counsel, argued the
cause for respondent (Jennifer N. Sellitti, Public
Defender, attorney; Frank M. Gennaro, on the brief).
PER CURIAM
This appeal is calendared back-to-back with A-0628-23. In A-0628-23,
defendant, Cowan Rainey, appeals from his unrelated 2023 conviction and
sentence for second-degree robbery, N.J.S.A. 2C:15-1. This appeal, A-3174-23,
arises from defendant being found guilty by a jury of second-degree aggravated
assault, N.J.S.A. 2C:12-1(b)(13), and third-degree terroristic threats, N.J.S.A.
2C:12-3(a), charged in a two-count Monmouth County indictment. The charges
stemmed from a domestic violence incident.
Following the jury verdict, the State moved for imposition of an extended
term pursuant to the Persistent Offenders Accountability Act, N.J.S.A. 2C:43-
7.1, known as the "Three Strikes" law. In seeking an extended term, the State
relied on a 1995 second-degree robbery conviction as the first "strike," and the
2023 second-degree robbery conviction that is the subject of the appeal in A-
0628-23 as the second "strike." The trial judge denied the motion and, on May
1, 2024, sentenced defendant to an eight-year term of imprisonment, subject to
the No Early Release Act, N.J.S.A. 2C:43-7.2, on the assault charge and a
concurrent four-year term on the terroristic threats charge.
A-3174-23
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The State now appeals from the May 1, 2024 judgment of conviction,
raising the following single point for our consideration:
THE TRIAL COURT ERRED IN DENYING THE
STATE'S MOTION FOR EXTENDED TERM
SENTENCING AND, THEREFORE, IMPOSED AN
ILLEGAL, ORDINARY TERM SENTENCE.
Simultaneously with the filing of this opinion, we are filing our opinion
in A-0628-23, reversing the 2023 second-degree robbery conviction underlying
the second "strike." Accordingly, this appeal is rendered moot. "A case is
technically moot when the original issue presented has been resolved, at least
concerning the parties who initiated the litigation." State v. Davila, 443 N.J.
Super. 577, 592 (App. Div. 2016) (quoting De Vesa v. Dorsey, 134 N.J. 420,
428 (1993) (plurality opinion) (Pollock, J., concurring)). The State
acknowledges that without defendant's 2023 robbery conviction serving as the
second "strike," there would be no basis on which to impose an extended term
under the Three Strikes law for the assault conviction.
Appeal dismissed as moot.
A-3174-23
3