On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP 382-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Skillman and Yannotti.
G.T.G. appeals from an order entered on August 22, 2005, which found that he is a sexually violent predator requiring civil commitment pursuant to the Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38 (SVPA). For the reasons that follow, we affirm.
On July 26, 1985, a twenty-one-year-old woman who we identify as D.W. was at a shopping mall in South Plainfield, New Jersey. G.T.G. approached her and inquired about a "for sale" sign in the window of her car. G.T.G. asked if he could take a test drive and D.W. agreed. D.W. drove the car and G.T.G. was in the passenger seat. He pulled a knife and demanded that D.W. continue driving. G.T.G. then stabbed D.W. in the right chest area.
D.W. indicated that, because of the stab wounds, she could not drive. G.T.G. instructed D.W. to move to the passenger seat and he drove the vehicle. G.T.G. told D.W. that she and her family would be physically harmed if she resisted. G.T.G. then directed D.W. to perform oral sex upon him while he was driving. She complied, in fear of further injury.
G.T.G. eventually drove to a baseball field in Bernards Township. He forced D.W. to exit the vehicle and took her to a nearby wooded area, where he removed her shoes, pants and underwear, and vaginally raped her. Thereafter, G.T.G. tied D.W. to a tree with her belt and told her that he would kill her if she reported the incident to the police. G.T.G. drove off in D.W.'s car, which contained her purse and $45 in cash. D.W. untied herself and stopped a passing motorist for help.
D.W. informed police of the incident. Later that evening, the police stopped G.T.G. while he was driving in D.W.'s car. He admitted the alleged offenses. He stated that he had the day off, drank "a lot" of whiskey, and took three "hits" of LSD prior to the assault. G.T.G. asserted that he believed his behavior was getting worse and he would kill someone in the future if he did not get help.
G.T.G. was arrested, taken into custody, and charged accordingly. On January 24, 1986, G.T.G. pled guilty to aggravated assault; possession of a weapon for an unlawful purpose; kidnapping; aggravated sexual assault; and robbery.
Defendant was sentenced to twenty years in a State correctional facility for kidnapping, with a ten-year period of parole ineligibility; a concurrent fifteen-year term for robbery; a concurrent ten-year term for aggravated assault; and a concurrent five-year term for possession of a weapon for an unlawful purpose. Defendant also was sentenced to a consecutive ten-year term for aggravated sexual assault, with a five-year period of parole ineligibility, to be served at the Adult Diagnostic and Treatment Center (ADTC) at Avenel.
Defendant appealed his sentences, and the appeal was heard on our Excess Sentence Oral Argument calendar. We entered an order on April 29, 1987, which affirmed the sentences but ordered that the judgment be modified to provide that the sentence at the ADTC be served before the State prison sentence. However, due to an apparent administrative error, G.T.G. served his State prison term first, and then was transferred to the ADTC. Thereafter, the New Jersey State Parole Board granted parole, effective as of November 17, 2004.
On November 10, 2004, the Attorney General filed a petition in the Law Division seeking G.T.G.'s civil commitment pursuant to the SVPA. The court entered an order on November 17, 2004, finding that there was probable cause to believe that G.T.G. is a sexually violent predator requiring civil commitment. G.T.G. was temporarily ...