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State v. Black

November 27, 1996

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JERRY BLACK, DEFENDANT-APPELLANT.



On appeal from Superior Court, Law Division, Atlantic County.

Approved for Publication December 6, 1996. As Corrected February 4, 1997.

Before Judges Landau, Wallace and Kimmelman. The opinion of the court was delivered by Landau, J.A.D.

The opinion of the court was delivered by: Landau

The opinion of the court was delivered by

LANDAU, J.A.D.

Defendant Jerry Black was convicted in 1991 on counts of distribution and conspiracy to distribute a controlled dangerous substance (CDS). Sentenced to a three year custodial term, he was paroled on July 12, 1992. On October 15, 1992 he was classified as an absconder for failure to report, and a parole warrant issued.

On February 11, 1993, defendant was indicted for absconding from parole, a third degree crime under N.J.S.A. 2C:29-5b. He was returned to custody on June 16, 1995.

Defendant's parole was revoked by the Parole Board in August, 1995 and he was ordered to serve his adjusted maximum sentence. Defendant's max-out date was May 18, 1996.

On August 16, 1995, defendant pled guilty to the absconding charge pursuant to a plea negotiation in which the State agreed to recommend a three year term of incarceration concurrent to the CDS sentence being served. He was sentenced in accordance with that recommendation, and appealed.

Defendant's appeal was first placed on the sentencing calendar, see R. 2:9-11, but deferred pending full briefing by the parties. On appeal, it is argued that:

POINT I

PROSECUTION OF DEFENDANT FOR THE CRIME OF ABSCONDING FROM PAROLE, N.J.S.A. 2C:29-5b, WAS BARRED BY DOUBLE-JEOPARDY AND FUNDAMENTAL-FAIRNESS DOCTRINES ONCE THE DEFENDANT RECEIVED AN ADDITIONAL 337 DAYS IN PRISON FOR THE VERY SAME VIOLATION OF PAROLE. (Partially raised below).

POINT II

DEFENDANT IS ENTITLED TO ADDITIONAL ...


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