STATE OF NEW JERSEY VS. JOSEPHINE M. SHIPPS (15-04-0238, 15-04-0239, 15-12-0584 AND 16-01-0045,WARREN COUNTY AND STATEWIDE) ( 2017 )

NOT FOR PUBLICATION WITHOUT THE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-0126-16T1
STATE OF NEW JERSEY,
Plaintiff-Appellant,
v.
JOSEPHINE M. SHIPPS, a/k/a JOSEPHINE
COLAVITO, JOSEPHINE MARIE COLAVITO,
JOSEPHINE MARIE COLAVITON and JOSEPHINE
RINGO,
Defendant-Respondent.
_________________________________
Submitted May 2, 2017 – Decided May 15, 2017
Before Judges Koblitz and Sumners.
On appeal from Superior Court of New Jersey,
Law Division, Warren County, Accusation Nos.
15-04-0238, 15-04-0239, 16-01-0045, and
Indictment No. 15-12-0584.
Richard T. Burke, Warren County Prosecutor,
attorney for appellant (Kelley Anne Shelton,
Assistant Prosecutor, of counsel and on the
brief).
Joseph E. Krakora, Public Defender, attorney
for respondent (Jay L. Wilensky, Assistant
Deputy Public Defender, of counsel and on the
brief).
PER CURIAM
The State appeals from the August 22, 2016 order awarding
defendant Josephine Shipps ninety-one days of jail credit for time
served in Pennsylvania custody. We reverse based on our Supreme
Court's recent decision in State v. Joe, ___ N.J. ___ (2017).
For the purpose of our decision, we need not recount the
extensive procedural background of defendant's third and fourth-
degree charges for issuance of bad checks, N.J.S.A. 2C:21-5.
Suffice it to say that on April 27, 2015, she pled guilty to
charges in Warren County. Prior to sentencing, she was arrested
for theft by deceit charges arising in Pennsylvania. After she
waived extradition, she was taken into custody by our neighboring
state on July 9.
Following resolution of her Pennsylvania offense, defendant
was returned to New Jersey on October 21. On October 30 and then
on November 23, 2015, she was arrested in Warren County on new
charges of issuing bad checks.
On January 28, 2016, defendant entered a plea agreement to
resolve all her Warren County charges, including those she had
pled guilty to in April 2015. The State recommend a suspended
four-year prison term, conditioned upon successfully completion
of three years of probation with conditions. Defendant received
the recommended sentence. There was no agreement as to jail
credits for time served in Pennsylvania.
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Defendant sought these jail credits, and the judge issued a
written decision on August 22, awarding defendant ninety-one days
jail credit for time spent in Pennsylvania custody toward the
sentences to be served on all charges pending prior to her
Pennsylvania incarceration.
On March 7, 2017, our Supreme Court 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 ninety-one days.
Reversed and remanded. We do not retain jurisdiction.
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