State v. Carreker

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Argued January 14, 2002

This appeal involves the “gap-time credit” provision found at N.J.S.A. 2C:44-5b(2). Generally, that provision becomes relevant when a defendant, who has been sentenced previously to a term of imprisonment, is sentenced again for a different offense committed prior to the imposition of the earlier sentence. In that circumstance, “the defendant shall be `credited’ at the time of the second sentence for so much of the term of imprisonment as has been served on the prior sentence.” Richardson v. Nickolopoulos, 110 N.J. 241, 242 (1988). The narrow question before us is whether the statute entitles defendant to gap-time credit for time served on her out-of-state sentence. The Appellate Division concluded that the answer to that question is no. We agree and affirm.

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