On appeal from Superior Court, Law Division, Camden County.
Pressler, Long and Landau.
Glenn Zeliff appeals from a judgment of violation of probation, contending:
I. THE COURT'S FINDINGS THAT DEFENDANT VIOLATED THE TERMS OF HIS PROBATION BY FORGING DOCUMENTS FALSELY INDICATING THAT HE PERFORMED COMMUNITY SERVICE WAS NOT SUPPORTED BY CREDIBLE EVIDENCE.
II. THE COURT ERRED IN SENTENCING DEFENDANT TO JAIL AS OPPOSED TO CONTINUING PROBATION.
III. THE SENTENCE IMPOSED BY THE COURT WAS EXCESSIVE.
IV. THE COURT IMPROPERLY CONTINUED RESTITUTION AFTER IT IMPOSED A CUSTODIAL TERM FOR A VIOLATION OF PROBATION.
V. THE AMOUNT OF RESTITUTION IS EXCESSIVE.
Zeliff had been indicted on 51 counts of third degree theft by failure to make required disposition (N.J.S.A. 2C:20-9) and on one count of second degree theft by failure to make required disposition (N.J.S.A. 2C:20-9; 2C:20-2(b)(1)(a)). Pursuant to a plea negotiation, he was permitted to plead guilty to a single count of third degree theft of an amount over $500 and less than $75,000 (N.J.S.A. 2C:20-2(b)(2)(a)). The plea agreement included the following understandings: The State reserved its right to speak as to the facts; any jail exposure would be no greater than 364 days in the county jail (work release would be acceptable to the State); there would be no fine; and restitution would be made to victims not otherwise reimbursed by the Real Estate Commission. The remaining 51 counts and an earlier indictment were to be dismissed.
Zeliff was sentenced on April 27, 1984 to 3 years probation, 200 hours of community service in each year of probation, and required to make restitution to those victims not reimbursed by the Real Estate Commission. A $25 V.C.C.B. penalty was imposed. The community service and restitution requirements were made conditions of probation under the original sentence.
At the time of sentence, the judge found Zeliff's record, apart from the offense before him, to be "unblemished and exemplary." He stated, "I can find no aggravating factor other than the offense itself." Following a restitution hearing, an order was entered fixing $43,740 as the amount of restitution, initially payable at $100 a month. At a supplemental restitution hearing in May 1985, the court adjusted the monthly payments to $400 per month. A later order added to the list of victims eligible for restitution but did not modify Zeliff's responsibility for restitution.
It is not asserted, nor do we find in the record, that any appeal was taken from the judgment of conviction or ...