New Jersey Criminal Defense Attorney Blog

State v. L.H., unpublished opinion, App. Div. Docket No. A-0602-09T4 (June 16, 2010) - Award of 2,145 days of gap time credits affirmed. "They were awarded because the sentence under review relates to a crime that occurred before the sentences resulting in those periods of incarceration were imposed and served.... The State contends that the award contravenes the policy of the Legislature as embodied in the DNA Database and Database Act, N.J.S.A. 53:1-20.17 to 53:1-20.31 (DNA Act), requiring convicted offenders to submit DNA samples, used by the CODIS system to identify perpetrators of other crimes. The present crime occurred October 25, 1994.... The State argues that if defendant receives the credits, even against 'the back end' of the sentence, ... , in a case like this involving a 1994 crime, defendant, who was subsequently sentenced in 1999 and 2001, will end up with no additional time to serve and will receive, in essence, a 'free crime.' But that is the consequence of N.J.S.A. 2C:44-5b(2), as it is presently codified.... The statute, as written, must be 'literally applied.'... The practical problems caused by cases like this can often be addressed by the negotiated plea or by the sentence imposed in the absence of a plea. Under the Code of Criminal Justice, the judge should take into account the real time to be served and parole consequences of a plea recommendation and sentence. See N.J.S.A. 2C:44-1c(2)."