STATE OF NEW JERSEY VS. JAMES BOYKINS A-0751-14T1

STATE OF NEW JERSEY VS. JAMES BOYKINS
          A-0751-14T1

Defendant raises an issue not addressed in State v. Hudson, 209 N.J. 513, 517 (2012). We consider whether defendant, who received a second extended-term sentence for a crime he committed while on bail awaiting trial on the offense for which he received his first extended-term sentence, was "in custody" within the meaning of N.J.S.A. 2C:44-5b when he committed the second offense. Because we conclude defendant was "in custody" within the meaning of N.J.S.A. 2C:44-5b when he committed the second offense, we reject his claim that his second extended term constituted an illegal sentence.