Booker v. New Jersey State Parole Board

The opinion of the Court was delivered by

O’HERN, J.

This appeal concerns the “gap-time credit” provision, found at N.J.S.A 2C:44-5(b)(2) (hereinafter 5(b)(2)). That section governs sentencing at different times for multiple offenses. The provision requires that a defendant who has been sentenced to imprisonment and is subsequently sentenced to another term for an offense committed prior to the imposition of the former sentence (other than an offense committed while in custody) be “credited” at the time of the second sentence for so much of the term of imprisonment as the defendant has served…