Call Now For Help

732.580.1237

PCR Evidential Hearing Granted for Improper Gap Time Advise

13
Jun
2010

by in Criminal Defense

State v. Darryl Johnson, unpublished opinion, App.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.”

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.