STATE OF NEW JERSEY v. MICHAEL J. DIEDUARDO STATE OF NEW JERSEY v. MICHAEL SHORTER<p>(08-07-0265, WARREN COUNTY AND STATEWIDE)(11-08-0619, ESSEX COUNTY AND STATEWIDE)(14-06-0354, SOMERSET COUNTY AND STATEWIDE)(CONSOLIDATED)
A-0236-15T3/A-0984-15T3/A-1044-15T3
| N.J. Super. Ct. App. Div. | Jun 20, 2017Background
- Consolidated appeals by three defendants (Dieduardo, Shorter, Soto) challenging denial of jail credits for time spent in out-of-state custody, federal custody, or a drug-treatment program, following guilty pleas and sentencing in New Jersey.
- Shorter pled guilty to CDS distribution in 2011, was sentenced to Drug Court with 187 days NJ jail credit, absconded from treatment, was later jailed in North Carolina (July 2013–May 2015), and sought additional NJ credit for that out-of-state custody and nine days in an in‑patient program.
- Soto pled guilty in 2015 to burglary-related charges, was later detained in federal custody on a bank‑robbery charge, and at sentencing received 80 days NJ credit but not credit for time in federal custody; he also challenged the excessiveness of his sentence.
- Dieduardo pled guilty in 2015 to a 2008 CDS offense; he had served about 259 days in New York on separate charges earlier and was sentenced in NJ to three years' probation (time served); the trial court declined to award NY jail credit and reserved the issue if incarceration occurs on probation violation.
- The appeals relied on State v. Hernandez but the Supreme Court later clarified the law in State v. C.H. and State v. Joe, which directly address whether out‑of‑state or federal pre‑sentence confinement qualifies for NJ jail credits under Rule 3:21‑8.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether pre‑sentence custody outside New Jersey (state or federal) entitles defendant to NJ jail credit under Rule 3:21‑8 | State: jail credit only when confinement is based on NJ charges; out‑of‑state custody on non‑NJ charges does not trigger NJ credit | Defendants: time spent in out‑of‑state or federal custody between arrest and NJ sentencing should offset NJ sentence per Hernandez | Court: Affirmed Joe — confinement outside NJ on non‑NJ charges does not entitle defendant to NJ jail credit |
| Whether time in an in‑patient drug treatment program (Drug Court Track 1) entitles defendant to jail credit under N.J.S.A. 2C:35‑14(f)(4) | State: credit requires satisfactory compliance with Drug Court terms; court may deny if not demonstrated | Shorter: nine days in program should count as jail credit | Court: Waived issue (not raised below) and, on merits, no credit because Shorter did not show satisfactory compliance |
| Whether jail credit claims are ripe when defendant is sentenced to probation (not custody) | State: jail credit applies to custodial sentences; probationary sentence makes claim non‑justiciable until incarceration occurs | Dieduardo: argues entitlement to credit for NY custody now | Court: Not ripe — issue reserved because probation is non‑custodial unless violated |
| Whether Soto's sentence was excessive based on alleged unsupported aggravating factors | State: sentence pursuant to plea agreement supported by findings and within statutory bounds | Soto: trial court erred in rejecting mitigating factor and should reduce mandatory parole ineligibility | Court: No abuse of discretion; plea agreement sentence reasonable and not shocking to judicial conscience |
Key Cases Cited
- State v. Joe, 228 N.J. 125 (2017) (pre‑sentence confinement outside New Jersey on non‑NJ charges does not entitle defendant to NJ jail credit)
- State v. C.H., 228 N.J. 111 (2017) (clarifies jail‑credit principles for consecutive sentences across indictments)
- State v. Hernandez, 208 N.J. 24 (2011) (earlier Jail‑credit framework later refined by C.H. and Joe)
- State v. Hemphill, 391 N.J. Super. 67 (App. Div. 2007) (discusses interplay of foreign custody and local credit applications)