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State v. Ukawabutu

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


October 5, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
RUMIEJAH UKAWABUTU, DEFENDANT-APPELLANT.

On appeal from Superior Court of New Jersey, Law Division, Atlantic County, Indictment No. 03-10-1870.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted September 22, 2010

Before Judges Fisher and Simonelli.

Defendant Rumiejah Ukawabutu appeals from the November 13, 2009 order denying his motion to review jail credits. We affirm.

Defendant was arrested on July 3, 2003. He posted bail and was released from jail on July 20, 2003. On July 31, 2003, defendant was indicted under Indictment No. 03-07-1367 (the first indictment) for third-degree possession of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-10a(1); second-degree manufacturing, distributing or dispensing CDS, N.J.S.A. 2C:35-5a(1); and third-degree assembling, maintaining, or placing a booby trap on property used for the manufacture, distribution, dispensing, or possessing CDS, N.J.S.A. 2C:35-4.1.

On August 4, 2003, defendant was arrested on unrelated charges. Unable to make bail, defendant remained incarcerated from August 4, 2003 to December 2, 2004, a period of four hundred and eighty-seven days. On October 9, 2003, defendant was indicted under Indictment No. 03-10-1870 (the second indictment) for second-degree aggravated assault, N.J.S.A. 2C:12-1b(1); third-degree aggravated assault, N.J.S.A. 2C:12-1b(2); fourth-degree aggravated assault, N.J.S.A. 2C:12-1b(4); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b; second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a; and second-degree certain persons not to have weapons, N.J.S.A. 2C:39-7.

On October 12, 2004, defendant pled guilty under the first indictment to second-degree manufacturing, distributing or dispensing CDS. At sentencing on December 3, 2004, the trial judge imposed an eighteen-year term of imprisonment with nine years of parole ineligibility. Defendant received an eighteen-day jail credit for the period July 3 to July 20, 2003.

On January 10, 2005, defendant pled guilty under the second indictment to second-degree certain persons not to have weapons. On January 12, 2005, the trial judge imposed a five-year term of imprisonment concurrent to the sentence on the first conviction. Defendant received a four hundred and eighty-seven day jail credit for the period August 4, 2003 to December 2, 2004, and a forty day gaptime credit for the period December 3, 2004 to January 11, 2005.

Defendant filed a motion to correct the judgment of conviction to apply the four hundred and eighty-seven day jail credit to the first indictment. The trial judge denied the motion concluding that jail credits were properly applied and could not be applied to more than one case.

On appeal, defendant contends that we should remand this matter for a hearing to determine whether the four hundred and eighty-seven day jail credit should be applied to the first indictment. We disagree.

Jail credits are granted only for the particular offense for which there was incarceration or detention. State v. Black, 153 N.J. 438, 456 (1998); Pressler & Verniero, Current N.J. Court Rules comment 1.1 to R. 3:21-8 (2010). Jail credits should not be awarded against custodial sentences on wholly unrelated charges. State v. Hill, 208 N.J. Super. 492, 495 (App. Div.), certif. denied, 104 N.J. 412 (1986). A defendant may only receive jail credit for "any pre-sentence time served that is solely attributable to the offense for which he is being sentenced . . ." State v. Lawlor, 222 N.J. Super. 241, 245 (App. Div. 1988).

Defendant was incarcerated on the second indictment for four hundred and eighty-seven days. Accordingly, the jail credit for that period was properly applied to the second indictment.

Affirmed.

20101005

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