Kenneth Vercammen & Associates, P.C.
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Monday, March 13, 2017

State v. C.H. (A-56-15;

State v. C.H. (A-56-15; 076535)
          Defendant’s sentences should be viewed together and jail
          credit applied to the front end of the aggregate
          imprisonment term for both indictments.  To the extent
          that State v. Hernandez, 208 N.J. 24 (2011), has been
          read differently with respect to consecutive sentences,
          Hernandez is modified as follows:  double credit should   not be awarded where a defendant is sentenced to
          consecutive sentences under separate indictments and
          receives the optimal benefits of jail credit for time
          spent in pre-sentence custody.  Instead, the sentencing
          court should treat the sentences as a unified proceeding
          and maximize the benefits to the defendant by applying
          jail credit to the front end of the imprisonment term.