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State v. Holmes

Decided: February 11, 1970.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
CHARLES A. HOLMES, DEFENDANT-PETITIONER



Fusco, J.s.c.

Fusco

This is an action for post-conviction relief brought by defendant under R. 3:22-2 and presenting a substantial question of constitutional law.

Defendant was sentenced by this court on October 3, 1968 to three to five years in State Prison, with credit for 133 days served, on a charge of entry with intent to steal, a sentence subsequently modified to two to three years. At the time he was arrested for that crime, defendant was on parole

from Bordentown Reformatory (a chronology follows, infra). Defendant alleges that his 14th Amendment rights were violated by the method employed by the State Parole Board in notifying him of his violation of parole from Bordentown. This presents an issue which appears not to have been heretofore litigated in this manner in this State.

Because of the nature of these proceedings, the relevant chronology of defendant's record is set forth.

On May 13, 1965 defendant was sentenced to State Prison for two to three years on charges of attempting to obtain narcotics by false prescriptions and of uttering false prescriptions. The custodial sentence was suspended and one year's probation imposed by the Essex County Court.

On November 3, 1966 he violated probation. Probation was vacated and he was sentenced to Bordentown for a minimum of two years.

On December 12, 1967 defendant was paroled from Bordentown. His maximum expiration date of parole was set as November 14, 1968.

On May 25, 1968 he was arrested for entering with intent to steal.

On May 25, 1968 it is alleged, defendant was declared delinquent on his parole.

On July 25, 1968 he pleaded guilty to the entry charge ...


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