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MITNAUL v. N.J. STATE PAROLE BD.

280 N.J. Super. 164 (1995)

654 A.2d 1022

STEPHEN D. MITNAUL, APPELLANT, v. NEW JERSEY STATE PAROLE BOARD, RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 1995.

Attorney(s) appearing for the Case

Susan L. Reisner, Public Defender, attorney for appellant (J. Michael Blake, Assistant Deputy Public Defender, of counsel and on the letter brief).

Deborah T. Poritz, Attorney General of New Jersey, attorney for respondent (Joseph L. Yannotti, Assistant Attorney General, of counsel; Michael Carlin, Deputy Attorney General, on the letter brief).

Before Judges KING, MUIR, Jr., and D'ANNUNZIO.

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

This appeal relates to the effect the "gap time credit" provision of N.J.S.A. 2C:44-5b(2) has on an indeterminate term imposed pursuant to N.J.S.A. 2C:43-5 (Young Adult Offenders) where the maximum term set is an aggregate 12 years for first-degree aggravated sexual assault (N.J.S.A. 2C:14-2a(5)(a)), first-degree robbery (N.J.S.A. 2C:15-1), and third-degree terroristic threats...

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