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Frystock v. Dep't of Corrections

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 12, 2010

JOSEPH R. FRYSTOCK, APPELLANT,
v.
DEPARTMENT OF CORRECTIONS, RESPONDENT.

On appeal from a Final Agency Decision of the Department of Corrections.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 3, 2010

Before Judges Payne and Waugh.

Plaintiff Joseph R. Frystock appeals from the final agency decision that denied his internal appeal of the determination by defendant Department of Corrections (DOC) that his maximum release date is July 10, 2010.

Having reviewed the record on appeal in light of the applicable law, we affirm. The issues raised do not warrant further discussion in a written opinion. R. 2:11-3(e)(1)(E). We add only the following.

Frystock is currently incarcerated at South Woods State Prison, where he is serving four concurrent, but unaggregated sentences arising from his convictions under several indictments in three counties, Middlesex, Monmouth, and Ocean, for theft of services, contrary to N.J.S.A. 2C:20-8, receiving stolen property, contrary to N.J.S.A. 2C:20-7, and credit card theft, contrary to N.J.S.A. 2C:21-6(c)(1). The controlling sentence, four years of incarceration with a two-year mandatory minimum, was imposed on July 11, 2008, in Ocean County. Because gap time credits are not applicable to mandatory-minimum terms, whether required by statute or discretionary, Meyer v. New Jersey State Parole Board, 345 N.J. Super. 424, 429-30 (App. Div. 2001), certif. denied, 171 N.J. 339 (2002), we conclude that DOC correctly computed Frystock's maximum release date.

Affirmed.

20100312

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