STATE OF NEW JERSEY VS. VERNON L. SIMMONSÂ (84-05-0329, BURLINGTON COUNTY AND STATEWIDE)
A-1184-15T4
| N.J. Super. Ct. App. Div. | Jul 19, 2017Background
- Vernon L. Simmons was convicted after a seven-day jury trial of two counts of first-degree murder and one count of unlawful handgun possession; he was sentenced to concurrent life terms with 30 years parole ineligibility and a concurrent five-year term for the weapons count.
- On direct appeal the Appellate Division affirmed convictions but held the two murder convictions should have been merged at sentencing, vacated the concurrent term for the second murder conviction, and remanded for correction of the judgment of conviction (JOC).
- The trial court did not correct the original JOC at that time; decades later, during parole-board inquiries, a judge issued an amended JOC (Mar. 25, 2015) reflecting the merger but erroneously listing the "Total Custodial Term" as 30 years (instead of life with 30 years parole ineligibility).
- The error was identified and the court issued a corrected JOC on Sept. 30, 2015 restoring the intended sentence: life imprisonment with 30 years parole ineligibility.
- Simmons appealed, arguing that once the March 25, 2015 amended JOC erroneously stated a 30-year term, the court was barred from correcting that error and he should be released because he had served thirty years.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court could correct the clerical/scrivener error in the amended JOC after it mistakenly reflected a 30-year term | State: The March 25, 2015 entry was a clerical error and Rule 1:13-1 permits correction to reflect the sentence actually imposed and intended | Simmons: Once the amended JOC showed a 30-year total term, the court was barred from changing it and he should be released after serving 30 years | The court held the error was clerical and properly corrected under Rule 1:13-1; correction does not violate double jeopardy and the Sept. 30, 2015 JOC reinstating life with 30 years parole ineligibility was valid |
Key Cases Cited
- State v. Matlack, 49 N.J. 491 (reaffirming that clerical sentencing errors may be corrected under court rules and such corrections do not violate double jeopardy)