NOT FOR PUBLICATION WITHOUT THE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.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-0347-16T4
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
MICHAEL S. HETZEL,
Defendant-Appellant.
_______________________________
Submitted June 6, 2017 – Decided July 18, 2017
Before Judges Fisher and Vernoia.
On appeal from the Superior Court of New
Jersey, Law Division, Atlantic County,
Indictment No. 14-05-1100.
Joseph E. Krakora, Public Defender, attorney
for appellant (Lon Taylor, Assistant Deputy
Public Defender, of counsel and on the brief).
Christopher S. Porrino, Attorney General,
attorney for respondent (Arielle E. Katz,
Deputy Attorney General, of counsel and on the
brief).
PER CURIAM
Defendant appeals the sentence imposed by the court following
his entry of guilty pleas to second-degree robbery, N.J.S.A. 2C:15-
1(a)(2), and second-degree unlawful possession of a handgun,
N.J.S.A. 2C:39-5(b). More particularly, defendant challenges the
court's denial of his request for the award of jail credits for
time he spent while released from pretrial custody in the Home
Electronic Detention System (HEDS) program administered by the
Atlantic County Justice Facility (ACJF).1 We affirm.
Defendant was arrested in April 2014 for crimes arising from
a bank robbery. He was in custody in the ACJF from April 11, 2014,
to April 17, 2015, and again on May 4, 2015. On May 4, 2015, he
was released from custody and placed in the HEDS program.
While in the program, defendant was subject to home
confinement and electronic monitoring. He was allowed to visit his
son at a hospital in Pennsylvania and at two rehabilitation
facilities in New Jersey, and travel to his attorney's offices and
any recommended treatment facilities. He was also permitted to
seek employment and attend his court appearances.
On March 22, 2016, defendant pleaded guilty to second-degree
robbery and unlawful possession of a handgun. Prior to his
sentencing, he filed a motion requesting an award of jail credits
for the time he spent in the HEDS program. Judge Michael J. Donohue
1
The Atlantic County Justice Facility is otherwise known as the
Atlantic County jail and is administered by the Atlantic County
Department of Public Safety.
2 A-0347-16T4
heard argument on the motion and issued a written decision and
order denying defendant's request for the jail credits.
A few weeks later, defendant was sentenced to four years on
the second-degree robbery charge2 subject to the requirements of
the No Early Release Act, N.J.S.A. 2C:43-7.2, and a concurrent
term of five years for second-degree unlawful possession of a
handgun with a three and one-half year parole ineligibility period
under the Graves Act, N.J.S.A. 2C:43-6.2. The court did not award
defendant jail credits for time spent in the HEDS program. This
appeal followed.
On appeal, defendant argues:
POINT I
THE DENIAL OF JAIL CREDITS TO [DEFENDANT] FOR
OVER A YEAR OF CONFINEMENT TO HIS RESIDENCE
ON A PRE-TRIAL HOME ELECTRONIC DETENTION
SYSTEM ("HEDS" PROGRAM) WAS ERRONEOUS SINCE
THE CONFINEMENT WAS MORE AKIN TO JAIL THAN
OTHER PRE-TRIAL CONDITIONAL RELEASES.
We find defendant's argument is without sufficient merit to
warrant discussion in a written opinion, R. 2:11-3(e)(2), and
affirm substantially for the reasons expressed in Judge Donohue's
comprehensive and well-reasoned written opinion.
Affirmed.
2
In accordance with the plea agreement, defendant was sentenced
on his second-degree robbery conviction to a term appropriate for
a third-degree offense. See N.J.S.A. 2C:44-1(f)(2).
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4 A-0347-16T4
STATE OF NEW JERSEY VS. MICHAEL S. HETZELÂ (14-05-1100, ATLANTIC COUNTY AND STATEWIDE)
Combined Opinion