This week the New Jersey Appellate Division ruled that when a defendant is sentenced to consecutive sentences as a result of two separate charges in one indictment, for separate offenses arising out of the same set of circumstances, the trial court did not abuse its discretion and require two separate periods of parole ineligibility.
In State vs. Friedman the defendant pled guilty to three separate counts of second degree aggravated assault. The court sentenced the defendant three consecutive periods of incarceration for the three distinct crimes. As a result the defendant is required to serve three separate periods of parole ineligibility under NERA for each distinct guilty plea. The Appellate Division found this acceptable. See this NJ criminal case its entirety.