STATE OF NEW JERSEY VS. KEENAN OGLETREE, JR.
A-2081-12T2
In this appeal, defendant argued he was wrongfully
denied 246 days of gap-time credit, which represented the
time from his incarceration for a violation of probation
until his sentence in later matters. The court agreed and
reversed, holding that even though, in the earlier matter,
defendant was incarcerated as a condition of probation for
120 days in the county jail, that jail condition did not
constitute "imprisonment" within the meaning of the gap-
time credit statute, N.J.S.A. 2C:44-5(b)(2). The court
observed that application of a broader meaning of the word
"imprisonment" in this setting would lead to the
incongruous result that a probationary term conditioned on
even a single day in the county jail would disqualify an
award of gap-time credit when imprisonment was later
imposed following a violation of probation, whereas a
probationary term without such a condition would not. 03/20/14
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