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In re Civil Commitment of M.S. SVP-586-10

Superior Court of New Jersey, Appellate Division

August 2, 2013

IN THE MATTER OF THE CIVIL COMMITMENT OF M.S. SVP-586-10.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 19, 2013

On appeal from Superior Court of New Jersey, Law Division, Essex County, Docket No. SVP-586-10.

Joseph E. Krakora, Public Defender, attorney for appellant M.S. (Randall J. Peach, Designated Counsel, on the brief)

Jeffrey S. Chiesa, Attorney General, attorney for respondent State of New Jersey (Melissa H. Raksa, Assistant Attorney General, of counsel; David L. DaCosta, Deputy Attorney General, on the brief).

Before Judges Alvarez, St. John and Leone.

PER CURIAM

M.S. appeals from the December 22, 2010 order civilly committing him to the Special Treatment Unit (STU) pursuant to the Sexually Violent Predator Act (SVPA), N.J.S.A. 30:4-27.24 to -27.38. We affirm.

I.

The record discloses the following facts and procedural history leading to the determination under review.

M.S. was born in October 1959 and is currently fifty-three years old. In 1989, M.S. pled guilty to first degree kidnapping, N.J.S.A. 2C:13-1(b); first-degree attempted murder, N.J.S.A. 2C:5-1 and 2C:11-3; and third-degree possession of a knife for unlawful reasons, N.J.S.A. 2C:39-4(d).

His conviction arose from his actions on September 4, 1987, when he hid in the backseat of a vehicle used by two nineteen year-old females, E.H. and A.L., while they were out of the vehicle getting coffee. After retuning, A.L started the car and began to drive, M.S. grabbed E.H. by the hair, put a gun to her head, and threatened to kill her if A.L. did not obey his commands. M.S. told A.L. to continue driving as he dragged E.H. into the backseat and exchanged his gun for a knife. M.S. then pulled down E.H.'s pantyhose and digitally penetrated her vagina.

M.S. then directed A.L. to drive to a secluded location where he dragged E.H. out of the car and attempted to vaginally rape her. M.S was unable to maintain an erection. Becoming enraged, M.S. then slit E.H.'s throat and stabbed her repeatedly in the back, abdomen, side, and hand. While this was occurring, A.L. ran to a nearby house and called the police. This incident occurred four months after M.S. had been released on parole for a 1978 conviction for two counts of armed robbery, three counts of larceny, and one count of resisting arrest.

After pleading guilty, M.S. was sentenced to a thirty-year term of incarceration with fifteen-years parole ineligibility for the kidnapping, a consecutive ten-year period of incarceration with five-years parole ineligibility for the attempted murder, and a concurrent five-year term of incarceration for unlawful possession of a knife. While serving his sentence M.S. incurred fifty institutional infractions, including a ...


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