STATE OF NEW JERSEY v. WILLIAM T. STELTZ

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2461-11T2

STATE OF NEW JERSEY,

Plaintiff-Respondent,

v.

WILLIAM T. STELTZ,

Defendant-Appellant.

_____________________________________________

March 12, 2013

Submitted January 16, 2013 - Decided

Before Judges Hayden and Lisa.

On appeal from the Superior Court of New Jersey, Law Division, Camden County, Indictment Nos. S-207-09-08 and 2098-06-09.

William T. Steltz, pro se appellant.

Jeffrey S. Chiesa, Attorney General, attorney for respondent (Teresa A. Blair, Deputy Attorney General, of counsel and on the brief).

PER CURIAM

Defendant William Steltz appeals from the December 7, 2011 Law Division order denying his motion for a corrected judgment of conviction (JOC). For the reasons that follow, we affirm.

The record reveals that defendant pled guilty under Indictment No. S-207-09-08 (I-207) to distribution of a controlled dangerous substance (CDS), N.J.S.A. 2C:35-5b(1); possession of CDS with intent to distribute, N.J.S.A. 2C:35-5b(2); and certain persons not to have weapons, N.J.S.A. 2C:39-7b(1). During the same plea hearing, he pled guilty under Indictment No. I-2098-06-09 (I-2098) to a separate count of distribution of CDS.

On January 10, 2010, Judge Irvin J. Snyder sentenced defendant on both indictments to an aggregate nineteen years imprisonment with ten years parole ineligibility. This sentence resulted from a sentence of fourteen years imprisonment with three years parole ineligibility for the CDS charges under I-207, to run concurrent with a sentence of ten years imprisonment with five years parole ineligibility for the CDS charge under I-2098. Both sentences were to run consecutive with a sentence of five years imprisonment with five years parole ineligibility for the weapons charge under I-207. As part of the plea agreement, defendant received credit for 232 days of jail time under I-207, and 231 days under I-2098. Defendant did not appeal his conviction.

Defendant filed a motion for a corrected JOC on November 18, 2011, arguing (1) that his aggregate parole ineligibility term should have been eight years instead of ten, and (2) that he was entitled to a total of 560 days of jail credits instead of the amount credited on the JOCs. He also moved for appointment of counsel. Judge Snyder denied defendant's entire motion on December 7, 2011, explaining in part:

Rule 3:21-10(a) provides that a motion to change a sentence must be filed within 60 days of the judgment of conviction. You were sentenced on January 8, 2010. Thus, your motion is not filed within the appropriate time period as required.

Barring the procedural requirements, the Court would still be inclined to deny your motion as you have failed to offer any grounds to justify a change in your sentence. According to our records, you were sentenced to a term of fourteen years in New Jersey State Prison, three years to be served without parole for Counts 4 & 6 under Indictment No. S-207-09-08. This sentence is to run concurrent to a term of ten years in N.J.S.P., five years without parole under Indictment No. I-2098-06-09. Both sentences are also to run consecutive with a sentence of five years in N.J.S.P., five years without parole for Count 13 under Ind. No. S-207-09-08.

Under N.J.S.A. 2C:39-4.1, possession of weapons during drug related crimes mandates a consecutive sentence. Since you were charged with Distribution of CDS, which is a drug related offense, and you possessed a firearm in commission of that offense, the Court appropriately sentenced you to five years in N.J.S.P., five years to be served without parole, to run consecutive to any other sentence imposed at the same time.

Thus, your total aggregate sentence, as correctly reflected in the Judgment of Conviction, is nineteen years in New Jersey State Prison, ten years to be served without parole.

This appeal followed.

On appeal, defendant argues that the trial court erred in denying his motion because the JOC for I-207 provides for eight years of parole ineligibility. He also contends that his jail credits were miscalculated. We have carefully considered his arguments and find them without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). We add only the following.

We are convinced that the record fully supports the judge's determination that the total parole ineligibility for both indictments was ten years. The two JOCs and accompanying statements of reasons clearly establish that the five-year period of parole ineligibility for I-2098 must run consecutive to the five-year period of parole ineligibility for the weapons charge under I-207. See N.J.S.A. 2C:39-4.1.

The JOCs also provide the specific dates that the parties agreed, as part of the plea agreement, would be credited for jail time. The computation did not include any days after defendant began serving his Gloucester County sentence on other charges. The current record contains no support for defendant's claim that the agreed upon jail time should be changed to include that period. See State v. Hemphill, 391 N.J. Super. 67, 71 (App. Div.) (stating that "credit is impermissible if the confinement is due to service of . . . another charge"), certif. denied, 192 N.J. 68 (2007).

Affirmed.