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State v. Stalter

Superior Court of New Jersey, Appellate Division

May 27, 2015

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
ANTHONY F. STALTER, DEFENDANT-APPELLANT

Argued October 29, 2014.

Approved for Publication May 27, 2015.

Page 1030

On appeal from Superior Court of New Jersey, Law Division, Warren County, Indictment No. 10-06-0179.

Jason A. Coe, Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora, Public Defender, attorney; Mr. Coe, of counsel and on the briefs).

Kelly Anne Shelton, Assistant Prosecutor, argued the cause for respondent ( Richard T. Burke, Warren County Prosecutor; Ms. Shelton, of counsel and on the brief).

Before ALVAREZ, WAUGH, and MAVEN, Judges.

OPINION

Page 1031

[440 N.J.Super. 550] WAUGH, J.A.D.

Defendant Anthony F. Stalter appeals the Law Division's June 20, 2013 amended judgment of conviction, which imposes a sentence of incarceration for three years for violation of probation. He focuses the appeal on the denial of jail credit for time spent in a residential treatment program in connection with his participation in Drug Court. We affirm.

[440 N.J.Super. 551] I.

We discern the following facts and procedural history from the record on appeal.

In March 2010, Stalter attempted to obtain Xanax and Vicodin, both controlled dangerous substances, from a Rite Aid Pharmacy in Lopatcong Township. He telephoned the pharmacy and pretended to be a representative of his doctor's office. The Rite Aid employee with whom he spoke later contacted the doctor's office and confirmed that the prescriptions requested by Stalter were fraudulent. He was arrested when he arrived at the pharmacy to pick up the prescriptions.

On June 3, Stalter pled guilty to an accusation charging him with a single count of third-degree obtaining a controlled dangerous substance by fraud. N.J.S.A. 2C:35-13. The plea agreement provided for a one-year probationary term with thirty days in jail as a condition of probation. The agreement further provided that the State would not object to Stalter's participation in the Sheriff's Labor Assistance Program. On September 10, the plea judge imposed the recommended sentence.

On January 26, 2012, Stalter pled guilty to violating the terms of his probation by making a false report to a law enforcement officer and testing positive for drugs. The latter led to ...


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