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STATE v. RICHARDSON

208 N.J. Super. 399 (1986)

506 A.2d 43

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DONALD RICHARDSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 28, 1986.

Attorney(s) appearing for the Case

Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for appellant (Thomas S. Smith, Acting Public Defender, attorney; Daniel V. Gautieri of counsel and on the brief).

Raymond S. Gurak, Deputy Attorney General, argued the cause for respondent (W. Cary Edwards, Attorney General of New Jersey, attorney; Raymond S. Gurak of counsel and on the brief).

Before Judges MORTON I. GREENBERG, J.H. COLEMAN and LONG.

The opinion of the Court was delivered by J.H. COLEMAN, J.A.D.

This appeal raises questions respecting the construction and application of N.J.S.A. 2C:44-5 b(2). The primary question presented is whether § 5 b(2) should be construed to give defendant a credit for time served on a previous sentence so as to reduce a term of parole ineligibility imposed for a separate offense at a subsequent sentencing. In a jury trial, defendant was found guilty of third...

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