State v. Darryl Johnson, unpublished opinion, App. Div. Docket No. A-5201-07T4 (May 12, 2010) – Denial of PCR reversed, case remanded for evidentiary hearing. “[T]he trial court entered an order supported by an oral decision denying the petition without an evidentiary hearing, determining that the issue whether defendant should have additional jail or gap-time credits applied against the NERA portion of his sentence rested with the State Parole Board, not the trial court….
Defendant did not argue in the trial court, and does not argue on appeal, that he is entitled to have the 212 days of gap-time credit applied against the base term on his sentence on count one; nor that he did not receive 635 days of jail credit against the sentences imposed on the Morris County convictions. Rather, defendant contends that trial counsel misrepresented to him that all of those credits would be applied against the period of parole ineligibility on count one, thereby reducing his overall period of parole ineligibility by approximately three years. Defendant asserts that had he known those credits could not be used to reduce the period of parole ineligibility on count one he would not have pled guilty to the NERA offense….
Here, the trial court did not address defendant’s argument that trial counsel had misrepresented the amount of jail and gap-time credits that were to be applied against the NERA period of parole ineligibility imposed on count one…. Because the trial court did not address that issue and the record does not contain sufficient information to flesh out what information defendant received from his trial counsel, we reverse and remand for the court to conduct an evidentiary hearing.”