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BOOKER v. NEW JERSEY STATE PAROLE BD.

136 N.J. 257 (1994)

642 A.2d 984

DOUGLAS BOOKER, APPELLANT-APPELLANT, v. NEW JERSEY STATE PAROLE BOARD, RESPONDENT-RESPONDENT. DARELLE NELSON, APPELLANT-RESPONDENT, v. NEW JERSEY STATE PAROLE BOARD, RESPONDENT-APPELLANT. NEEDHAM FITZPATRICK, APPELLANT-APPELLANT, v. NEW JERSEY STATE PAROLE BOARD, RESPONDENT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 21, 1994.

Attorney(s) appearing for the Case

J. Michael Blake, Assistant Deputy Public Defender, argued the cause for appellant Douglas Booker and respondent Darelle Nelson (Susan L. Reisner, Acting Public Defender, attorney).

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant Needham Fitzpatrick (Susan L. Reisner, Acting Public Defender, attorney).

Michael D. Carlin, Deputy Attorney General, argued the cause for respondent and appellant New Jersey State Parole Board (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the "gap-time credit" provision, found at N.J.S.A. 2C:44-5(b)(2) (hereinafter 5(b)(2)). That section governs sentencing at different times for multiple offenses. The provision requires that a defendant who has been sentenced to imprisonment and is subsequently sentenced to another term for an offense committed prior to the imposition of the former sentence (other than an offense committed...

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