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State v. Lucas

Decided: November 9, 1978.

THE STATE OF NEW JERSEY, PLAINTIFF,
v.
NEIL J. LUCAS, DEFENDANT



McGann, J.s.c.

Mcgann

On October 26, 1973 defendant was sentenced by this court to consecutive indeterminate terms on three counts of obtaining money under false pretenses. He was given credit for 45 days spent in jail awaiting trial and sentence. Each of the charges involved a scheme to obtain money from banks through manipulation of travelers checks. Shortly before this sentence defendant had been sentenced by a municipal court in Essex County to a one-year probationary term on a charge of issuing two worthless checks.

When received at the Youth Correction and Reception Center at Yardville, the three indeterminate consecutive sentences (having a statutory maximum of three years each) were aggregated by classification authorities into a nine-year possible maximum term. On November 30, 1973 defendant was sentenced by another judge in this county, on similar charges of obtaining money by false pretenses to three indeterminate terms concurrent with each other and concurrent with the sentence previously imposed by this court. In December 1973 he was sentenced on similar charges by the Mercer County Court to two indeterminate terms concurrent with each other and concurrent with the sentence previously imposed by this court. On September 6, 1974 he was paroled under all of those sentences. The maximum time for parole supervision was considered to be the unserved balance of

the aggregated nine-year maximum, i.e. , a maximum parole date to expire September 10, 1982.

Because of a pending extradition warrant signed by Governor Cahill based on charges pending in the State of Nevada, defendant was arrested in October 1974. After exhaustion of all remedies in connection with resisting extradition, he was transferred to Nevada on November 10, 1975. In re Lucas , 136 N.J. Super. 24 (Law Div. 1975), aff'd 136 N.J. Super. 460 (App. Div. 1975), certif. den. 69 N.J. 378 (1976). Although the Nevada charges were eventually dismissed, he was arrested in Nevada as a New Jersey parole violator in April 1977 and released there; then arrested as a parole violator in Georgia on May 9, 1977 and incarcerated in Bordentown. Thereafter he was reinstated on parole on October 7, 1977.

In April 1978 he was again arrested and incarcerated as a parole violator because of failure to report as directed, and again reinstated on parole in June 1978.

In early September 1978 defendant was arrested on a number of disorderly persons offenses. Those charges led to his rearrest as a parole violator on September 8, 1978. He has been at Yardville since.

Lucas' basic contention is that his maximum parole expiration date was improperly set for 1982; that his parole supervision should have terminated long prior to the present, and that his incarceration as a parole violator is consequently illegal. He and his assigned counsel advance the following arguments in support of that contention:

1. It was improper to aggregate, without his consent, the three consecutive indeterminate sentences into a nine-year term for the purpose of setting a maximum parole release date.

2. The release on parole after serving part of the first indeterminate sentence precludes his being considered a parole violator based on an incident which occurred after the expiration of the maximum (three-year) time which

could have been served on the last of the three consecutive ...


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