STATE v. JIMINEZ


229 N.J. Super. 256 (1988)

551 A.2d 191

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. ALLAN JIMINEZ, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 12, 1988.


Attorney(s) appearing for the Case

John Kaye, Monmouth County Prosecutor, attorney for appellant (Mark P. Stalford, Assistant Prosecutor, of counsel and on the letter brief).

Alfred A. Slocum, Public Defender, attorney for respondent (Thomas F. Scully, First Assistant Deputy Public Defender, on the letter brief).

Before Judges PETRELLA, SHEBELL and GRUCCIO.


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

The State appeals from a judgment dismissing Indictment No. 87-08-1404 charging Allan Jiminez with violating N.J.S.A. 2C:29-5(a), escape. At the time of defendant's flight from this jurisdiction, he was a participant in the New Jersey Intensive Supervision Program (ISP). The trial court found that ISP did not constitute official custody and therefore defendant could not be charged with the separate offense...

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