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Mandatory Parole Sentences Under NJ NERA Must be Served Concurrently

19
Jun
2010

by in Criminal Defense

State v. Roy F. Friedman, ? N.J. Super. ?, 2010 N.J. Super. LEXIS 87 (May 27, 2010) – “This appeal presents a narrow question that has not yet been addressed by a published New Jersey decision: whether a defendant who is sentenced to consecutive sentences subject to NERA must serve consecutive periods of parole supervision, or whether the multiple parole supervision periods should run concurrently commencing upon release…. Given the penal statute which we construe and the requirement that the period of parole supervision commence ‘immediately’ after release from prison, we hold that the mandatory periods of parole supervision on consecutive NERA sentences must be served concurrently. Accordingly, we reverse the judgment to the extent it provides otherwise and remand for correction of the judgment.”

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