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State v. Glazewski

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 19, 2009

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
VINCENT W. GLAZEWSKI, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Camden County, Indictment No. 93-05-1165 and Accusation Nos. 93-06-1294 and 93-08-1854.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 2, 2008

Before Judges Wefing and Parker.

Defendant Vincent W. Glazewski appeals from three judgments of conviction entered on two accusations and an indictment. He does not appeal from the substance of the judgments; rather, he is appealing the jail credits granted to him. We affirm.

On September 1, 1993, defendant was sentenced on Indictment 90-09-2451 to a four-year prison term for a violation of probation to run concurrent with Accusation 93-08-1854. He was granted eighty-one days jail credit. The original judgment of conviction entered on January 11, 1991, sentenced him to four years probation on a condition of 270 days -- of which defendant served eighty-one days -- in the county jail.

On September 1, 1993, defendant was also sentenced on Indictment 93-05-1165 to an aggregate term of thirty years subject to 121/2 years parole ineligibility; on Accusation 93-08-1854, he was sentenced to an aggregate term of five years subject to 21/2 years parole ineligibility to run concurrent with Accusation 93-06-1294, but consecutive to Indictment 93-05-1165; and on Accusation 93-08-1294, he was sentenced to an aggregate term of five years to run concurrent with Accusation 93-08-1854. On Indictment 93-05-1165, he was granted eight days jail credit. On Accusation 93-08-1854, he was granted three days jail credit and on Accusation 93-06-1294, he was granted twenty-four days jail credit.

In this appeal, defendant points out that on Indictment 90-09-2451 he served eighty-one days on his original 270-day jail term before being released on parole and successfully completing the parole period. During the probationary period, however, he was arrested on the 1993 charges addressed in the two accusations and the indictment. He argues, nevertheless, that based on his successful completion of the parole period, he should have been granted four years and five months jail credit, representing his parole period plus the entire four-year probationary term he never completed. He relies on State v. Rosado, 131 N.J. 423 (1993), in support of his argument.

In Rosado, the Supreme Court held "that when sentencing a defendant to prison following a revocation of probation, the court must give credit not only for time served in a county jail as a condition of that probationary term but also for time on parole after release from the county institution." Id. at 425 (citing State v. Rosado, 256 N.J. Super. 126, 133 (App. Div. 1992)). The Court did not hold that a defendant is entitled to credit for the entire term of probation. Rather, a defendant is entitled to credit only for actual time served in jail and for a successfully completed period of parole on the remaining jail term.

After subtracting the eighty-one days, already credited, from his 270-day sentence, defendant was entitled to an additional 189 days credit against the four-year term imposed for the violation of probation on Indictment 90-09-2451. Since that term expired on September 1, 1997, the 189 days credit does not apply to the aggregate term defendant is now serving on the indictment and two accusations.

Affirmed.

20090319

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