228 A.3d 1266
N.J. Super. Ct. App. Div.2020Background
- Defendant Paulino Njango pled guilty in 2007 to crimes on two indictments; pleas included NERA-exposed terms (aggregate recommendations subject to 85% parole ineligibility and mandatory parole supervision).
- Sentencing and multiple appeals/remands followed; resentencing (2015) imposed consecutive NERA terms (10 years and 8 years) but trial court initially awarded prior service credit only to the first term.
- Appellate court held the failure to award full prior service credits to both indictments violated defendant's Fifth Amendment rights and ordered full credit on both indictments; defendant was released in 2017 after credits were applied.
- Because of the earlier misapplication of credits, defendant served more time in prison than he should have and sought to apply the extra time served as a reduction of his mandatory NERA parole-supervision period or, alternatively, to withdraw his plea.
- PCR court denied relief; on appeal the Appellate Division affirmed, holding (1) prior service credits cannot reduce mandatory NERA parole-supervision terms and (2) withdrawal of the plea is not an appropriate remedy at this late stage.
Issues
| Issue | State's Argument | Njango's Argument | Held |
|---|---|---|---|
| May prior service/jail credits be applied to reduce mandatory NERA parole-supervision time? | No; mandatory parole supervision under NERA cannot be reduced by credits. | Credits for extra time served should be applied against the mandatory parole-supervision period. | No — prior service credits cannot reduce NERA mandatory parole supervision; supervisory periods are fixed. |
| May defendant withdraw his guilty plea as remedy for extra incarceration? | No; withdrawal not warranted and would not necessarily remedy issue. | Plea should be withdrawn to cure the unfair extended incarceration. | No — withdrawal denied as untimely and improper; subsequent accrual of jail credit is not a valid basis to set aside plea. |
Key Cases Cited
- State v. Friedman, 209 N.J. 102 (N.J. 2012) (NERA requires mandatory fixed parole-supervision periods and consecutive supervisory terms run consecutively)
- Salvador v. Dep't of Corrections, 378 N.J. Super. 467 (App. Div. 2005) (prior service credits may not be applied toward NERA parole-supervision time)
- State v. Kearns, 393 N.J. Super. 107 (App. Div. 2007) (NERA sentencing and supervision requirements are mandatory)
- State v. Ramsey, 415 N.J. Super. 257 (App. Div. 2010) (failure to impose statutory NERA periods renders sentence illegal)
- State v. Moore, 377 N.J. Super. 445 (App. Div. 2005) (when crimes committed on bail require consecutive terms unless serious injustice finding is made)
- State v. Williams, 458 N.J. Super. 274 (App. Div. 2019) (subsequent accrual of jail credit is not a valid reason to set aside a guilty plea)
- North Carolina v. Pearce, 395 U.S. 711 (U.S. 1969) (reconviction and resentencing not barred from imposing a different sentence)