Opinion
DOCKET NO. A-2598-15T2
03-29-2017
STATE OF NEW JERSEY, Plaintiff-Appellant, v. WILLIAM J. DICKINSON, a/k/a WILLIAM DICKENSON, WILLIAM E. JARRETT, III, and WILLIAM JARETT, Defendant-Respondent.
Richard T. Burke, Warren County Prosecutor, attorney for appellant (Kelly Anne Shelton, Assistant Prosecutor, on the brief). Joseph E. Krakora, Public Defender, attorney for respondent (Marcia Blum, Assistant Deputy Public Defender, of counsel and on the brief).
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3. Before Judges Koblitz, Rothstadt and Sumners. On appeal from Superior Court of New Jersey, Law Division, Warren County, Accusation No. 14-06-0215. Richard T. Burke, Warren County Prosecutor, attorney for appellant (Kelly Anne Shelton, Assistant Prosecutor, on the brief). Joseph E. Krakora, Public Defender, attorney for respondent (Marcia Blum, Assistant Deputy Public Defender, of counsel and on the brief). PER CURIAM
Our decision affirming the grant of 161 days of jail credit to defendant for time he spent in custody in Pennsylvania pending disposition on Pennsylvania charges, State v. Dickinson, No. A-2598-15 (App. Div. October 5, 2016) (slip op. at 2) has been remanded to us for reconsideration in light of the recent decision by our Supreme Court, State v. Joe, ___ N.J. ___ (2017). In light of the holding in that case, we now reconsider and reverse.
Joe held that "incarceration outside of New Jersey on out-of-state charges [does not entitle] a defendant to jail credit pursuant to Rule 3:21-8." State v. Joe, supra, slip op. at 1.
We therefore now reverse and remand for the entry of an amended judgement of conviction reducing the jail credit awarded to defendant by 161 days.
Reversed and remanded. We do not retain jurisdiction. I hereby certify that the foregoing is a true copy of the original on file in my office.
CLERK OF THE APPELLATE DIVISION