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In the Matter of the Commitment of J.B.

March 28, 2012

IN THE MATTER OF THE COMMITMENT OF J.B.


On appeal from the Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 01-06-1754.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 20, 2012

Before Judges Reisner and Simonelli.

This is J.B.'s second appeal challenging the maximum period that he shall remain on Krol*fn1 status (the max-out date). In his prior appeal, we affirmed J.B.'s continued Krol status, but remanded for a statement of reasons for setting February 4, 2014 as the max-out date. I/M/O The Commitment of J.B., No. A-1786-07 (App. Div. June 16, 2009) (slip op. at 2, 20). We specifically held that the court had not set January 22, 2009 as the max-out date, and directed the court to explain why it set February 4, 2014 as the max-out date as opposed to January 22, 2009. Id. at 15, 20.

The underlying facts and procedural history of this matter are set forth in our prior opinion, and need not be repeated here. Id. at 2-10. The following facts are pertinent to our review.

After an altercation with his ex-girlfriend, R.F., at her college campus, J.B. was instructed not to return there. Despite this, on November 30, 2000, J.B. returned, entered into R.F.'s dormitory without permission, and was arrested for trespassing.

On March 22, 2001, J.B. again returned to the campus, entered into R.F.'s dormitory, entered into the dormitory room R.F. shared with her roommate, S.B., without permission, and hid under S.B.'s bed. R.F. and S.B. returned to the room and sat on their beds eating their dinner, unaware that J.B. was there. J.B. emerged from underneath the bed, throwing S.B. from it. After the two women ran from the room, J.B. threw a television and stereo equipment out the window, and trashed the room and R.F.'s and S.B.'s property, causing $3,284 in damages. J.B. fled and was later arrested after attempting suicide.

In June 2001, two Bergen County indictments were returned against J.B. One indictment charged him with fourth-degree criminal trespass, N.J.S.A. 2C:18-3a, for his unlawful entry into the college dormitory on November 30, 2000; the other indictment charged him with third-degree burglary, N.J.S.A. 2C:18-2a, for his unlawful entry into R.F.'s and S.B.'s dormitory room on March 21, 2001, and third-degree criminal mischief, N.J.S.A. 2C:17-3a(1), for the damage he caused to R.F.'s, S.B.'s, and the college's property.

On remand, Judge Austin analyzed the Yarbough*fn2 factors and concluded that consecutive sentences for the burglary and criminal mischief convictions were appropriate. He found that there were multiple victims, the crimes were independent of each other and involved separate acts of violence or threats of violence, and the convictions for which the sentences were imposed were numerous. He set February 4, 2014 as the max-out date. This appeal followed.

On appeal, J.B. raises the following contentions:

POINT I

THE INITIAL 6[-]1/2 YEAR MAXIMUM KROL STATUS DETERMINATION IS NOT VOID SIMPLY BECAUSE IT WAS NEVER RECORDED IN AN ORDER DUE TO CLERICAL OMISSION. FURTHERMORE, THE CRIMINAL MISCHIEF CHARGE SHOULD HAVE [. . .] MERGED WITH THE BURGLARY CHARGE OR, ALTERNATIVELY, SHOULD HAVE BEEN RUN CONCURRENTLY TO IT IN ...


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