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SHEIL v. N.J. STATE PAROLE BD.

244 N.J. Super. 521 (1990)

582 A.2d 1279

JOHN SHEIL, APPELLANT, v. NEW JERSEY STATE PAROLE BOARD, NEW JERSEY DEPARTMENT OF CORRECTIONS, RESPONDENT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JOHN SHEIL, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided November 30, 1990.

Attorney(s) appearing for the Case

J. Michael Blake, Assistant Deputy Public Defender, argued the cause for appellant, (Wilfredo Caraballo, Public Defender, attorney, J. Michael Blake, of counsel and on the brief).

Larry R. Etzweiler, Deputy Attorney General, argued the cause for respondent State of New Jersey, (Robert J. Del Tufo, Attorney General, attorney, Larry R. Etzweiler, of counsel and on the brief).

Mary F. Rubinstein, Deputy Attorney General, argued the cause for respondent, Parole Board (Robert J. Del Tufo, Attorney General, attorney, Michael R. Clancy, Assistant Attorney General, of counsel, Mary F. Rubinstein, on the brief).

Before ANTELL, O'BRIEN and SCALERA, Judges.

The opinion of the court was delivered by SCALERA, J.A.D.

This appeal implicates the manner in which "jail time" and "gap-time" credits are to be calculated and credited to a defendant at sentencing.

On February 16, 1985, John Sheil committed an armed robbery of a Pizza Hut in Hamilton Township, Mercer County, New Jersey, contrary to N.J.S.A. 2C:15-1 and N.J.S.A. 2C:2-6. Pursuant to a plea agreement he pleaded guilty to that charge on April 8...

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