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Dixon v. New Jersey State Parole Board

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 2, 2010

NATHANIEL DIXON, APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.

On appeal from a Final Agency Decision of the New Jersey State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 6, 2010

Before Judges Stern and Wefing.

Nathaniel Dixon is an inmate in the custody of the Department of Corrections. He appeals from a determination of the New Jersey State Parole Board setting his parole eligibility date at October 22, 2020. We affirm.

Defendant argues that the Parole Board did not properly credit him with 5164 days of jail credits, awarded to him pursuant to an amended judgment of conviction entered by the trial court on October 27, 1997. Defendant's argument disregards the fact that the 1997 amended judgment of conviction was itself subsequently amended on December 6, 2000. The 2000 judgment of conviction awards defendant only 3304 days of jail credit. It is this figure which must be used in calculating defendant's parole eligibility date.

Defendant's argument to the contrary lacks merit. R. 2:11- 3(e)(1)(D).

Affirmed.

20100802

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