On appeal from Superior Court of New Jersey, Law Division, Bergen County, Indictment No. 95-12-1568.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Payne and Reisner.
Defendant, Quddoos Farra'd, appeals from a trial court's partial denial of his motion for an award of gap time, jail credits, and prior service credits, as set forth in an order dated February 16, 2011. On appeal, defendant presents the following arguments:
Trial court erred in not awarding gap time from September 2, 1997 to May 31, 2000. POINT II
Trial court erred in not awarding prior service credit.
Trial court erred in not awarding 65 days jail credit from Indictment No. 95-6-735I in calculation of time.
In large measure, we affirm. However, we remand the matter to the Parole Board for clarification of one service credit issue.
This matter has a complex history, which we will set forth in detail.
A. Indictments, convictions, appeals, and sentencings. On July 12, 1994, Indictment no. 94-07-0815 (first indictment) was handed down charging defendant with offenses taking place on January 25, 1994 as follows: first-degree armed robbery, N.J.S.A. 2C:15-1 (count one); second-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(a) (count two); third-degree unlawful possession of a weapon, N.J.S.A. 2C:39-5(b) (count three); fourth-degree possession of hollowed nose bullets, N.J.S.A. 2C:39-3(f) (count four); and second-degree possession of a handgun by a person not to have weapons, N.J.S.A. 2C:39-7(b) (count five).
On March 5, 1995, defendant was released on bail, having been in custody since January 25, 1994 for a total of 405 days.
On April 4, 1995, defendant was arrested for drug possession. On June 8, 1995, he was indicted in Indictment no. 95-6-0735 (second indictment) for third-degree possession of a controlled dangerous substance with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and (b)(3) (count one) and third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-10(a)(1) (count two).
Defendant remained in jail as the result of the drug offenses for sixty-five days, from April 5, 1995 to June 8, 1995.
Defendant was arrested again on September 27, 1995, while still on bail from the first and second indictments. On December 22, 1995, he was charged in Indictment no. 95-12-1568 (third indictment) with second-degree attempted aggravated sexual assault, N.J.S.A. 2C:14-2(a)(4) (count one); third-degree aggravated criminal sexual contact, N.J.S.A. 2C:14-3(a) (counts two and three); second-degree aggravated assault, N.J.S.A. 2C:12-1(b)(1) (count four); third-degree aggravated assault, N.J.S.A. 2C:12-1(b)(2) (count five); fourth-degree aggravated assault, N.J.S.A. 2C:12-1(b)(3) (count six); third-degree attempted criminal coercion, N.J.S.A. 2C:13-5(a)(1) N.J.S.A. 2C:5-1 (count seven); third-degree criminal restraint, N.J.S.A. 2C:13-2 (count eight); third-degree possession of a weapon for an unlawful purpose, N.J.S.A. 2C:39-4(d) (count nine); and fourth-degree possession of a weapon under circumstances not manifestly appropriate for lawful use, N.J.S.A. 2C:39-5(d) (count ten).
A jury convicted defendant on the first indictment (-0815) on April 30, 1996. On July 11, 1996, the trial judge merged the first two counts and sentenced defendant to twenty years in prison with a ten-year parole disqualifier on count one; concurrent five-year prison terms with two and one-half year parole disqualifiers on counts three and four; ...