July 19, 2011

State v. Hernandez (A-64-09; 064946) State v. Rose (A-65-09; 064945) 6-8-11

6-8-11 State v. Andrea Hernandez, a/k/a Andrea Rosario (A-64-09; 064946) State v. Derrick Wayne Rose, a/k/a Derrick W. Stewart (A-65-09; 064945)

Both defendants are entitled to precisely what Rule 3:21-8 provides: credits against all sentences “for any time served in custody in jail or in a state hospital between arrest and the imposition of sentence” on each case. The Rule must be consistently applied to promote uniformity in sentencing; there is no room for discretion in either granting or denying credits.

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