STATE OF NEW JERSEY VS. KEENAN OGLETREE, JR. A-2081-12T2

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