Jury findings for longer sentences

1. Can the Erlinger error be subject to harmless error review and was harmless under the circumstances of this case, when N.J.S.A. 2C:44-3(a) is inconsistent with the principles' announced in Erlinger and the Court calls upon the Legislature to revise this provision to comport with Erlinger's mandate? 2. Can the New Jersey State use the Fourth Degree New York State conviction (criminal possession of stolen property), as a substitute for a New Jersey State third degree crime because Trial counsel failed to object to it's application by the prosecutor when Mr. Carlton does not meet the criteria of N.J.S.A. 2C:44-3(a)? 3. Whether a criminal sentence that exceeds the statutory maximum authorized by a jury verdict, based on judicial fact-finding, violates the Sixth Amendment under Apprendi v. New Jersey , even where the state court deems the constitutional error harmless.