STATE v. JOHNSON


167 N.J. Super. 64 (1979)

400 A.2d 516

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. HERBERT A. JOHNSON, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided March 23, 1979.


Attorney(s) appearing for the Case

Mr. Stanley C. Van Ness, Public Defender of New Jersey, attorney for appellant (Mr. David L. Kervick, Assistant Deputy Public Defender, of counsel and on the brief).

Mr. John J. Degnan, Attorney General of New Jersey, attorney for respondent (Mr. Donald S. Coburn, Essex County Prosecutor, of counsel; M. Geraldine O'Halloran, Assistant Prosecutor, on the brief).

Before Judges HALPERN, ARD and ANTELL.


PER CURIAM.

The issue presented is whether defendant should be credited under R. 3:21-8 for the 61 days he spent in a Nevada jail while resisting extradition to New Jersey for trial on an armed robbery charge. He was denied such credit after being convicted and sentenced to a 10-12 year term for this crime.

R. 3:21-8 provides:

The defendant shall receive credit on the term of a custodial sentence for any time he has served in custody...

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