On appeal from Superior Court of New Jersey, Law Division, Gloucester County, Indictment No. 09-06-0524.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Messano.
Defendant, Michael A. Hall, was indicted on June 24, 2009 in Gloucester County, pursuant to indictment 09-06-0524, on charges of first-degree robbery, N.J.S.A. 2C:15-1a(1) (counts one and five), second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (counts two and six), second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (counts three and seven), and pointing a weapon at another, N.J.S.A. 2C:12-1b(4) (counts four and eight). He was indicted on August 12, 2009 in Gloucester County, pursuant to indictment 09-08-0661, on charges of first-degree robbery, N.J.S.A. 2C:15-1 (count one), third-degree restraint with risk of serious bodily injury, N.J.S.A. 2C:13-2a (count two), second degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4a (count three), second-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5b (count four), second degree conspiracy to commit armed robbery, N.J.S.A. 2C:5-2 and 2C:15-1a(1) (count five), and second-degree possession of a weapon by a convicted felon, N.J.S.A. 2C:39-7b (count six).
Defendant moved for dismissal of the indictments claiming a violation of the Interstate Agreement on Detainers (IAD), N.J.S.A. 2A:159A-1 to -15 as the result of Gloucester County's failure to bring him to trial within the 180-day period provided by the IAD. See N.J.S.A. 2A:159-3(a). A hearing was held on defendant's motion on August 16 and September 24, 2010, and relief was denied. On November 5, 2010, defendant pled guilty on indictment 09-06-0524 to two counts of first-degree robbery.
He was sentenced on January 4, 2011 to concurrent terms of incarceration of ten years, subject to an eighty-five percent period of parole ineligibility pursuant to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The sentences were to run concurrently with sentences imposed in Camden and Burlington Counties and in Pennsylvania. Pursuant to the plea agreement, indictment 08-05-0512 was dismissed.
Defendant has appealed, raising the following arguments for our consideration:
THE TRIAL COURT ERRED IN RULING THAT THE GLOUCESTER COUNTY INDICTMENTS WERE NOT SUBJECT TO THE INTERSTATE AGREEMENT ON DETAINERS.
THE STATE CANNOT BENEFIT FROM ITS FAILURE TO LODGE A DETAINER ON MR. HALL FOR THE GLOUCESTER COUNTY COMPLAINTS AFTER BURLINGTON COUNTY AND CAMDEN COUNTY DETAINERS WERE LODGED ON MR. HALL PREVENTING MR. HALL FROM INVOKING THE IAD AS TO THE GLOUCESTER COUNTY COMPLAINTS. (Not Raised Below.)