RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court ."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-1566-20 STATE OF NEW JERSEY, Plaintiff-Appellant, v. CARLOS LOPEZ, a/k/a CARLOS J. LOPEZ, Defendant-Respondent. ________________________ Submitted March 15, 2021 – Decided April 8, 2021 Before Judges Messano and Suter. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Hudson County, Complaint Nos. W-2020-0947-0905, W-2020-0952- 0905, W-2020-0954-0905, W-2020-0961-0905, W- 2020-0968-0905, W-2020-0969-0905, W-2020-0972- 0905, W-2020-0973-09051, W-2020-0979-0905, W- 2020-0980-0905, W-2020-0982-0905, W-2020-0984- 0905, W-2020-2412-0906, W-2020-2603-0906, W- 2020-2744-0906, W-2020-0803-0910. 1 Incorrectly listed on the February 4, 2021 Order as W-2020-0974-0905. Esther Suarez, Hudson County Prosecutor, attorney for appellant (Erin M. Campbell, Assistant Prosecutor, on the brief). Joseph E. Krakora, Public Defender, attorney for respondent (Laura B. Lasota, Assistant Deputy Public Defender, of counsel and on the brief). PER CURIAM The Hudson County Prosecutor's Office appeals the February 4, 2021 orders releasing defendant Carlos Lopez on pre-trial monitoring level (PML) III pending trial and requiring him to comply with the requirements of a long-term residential drug treatment program. We reverse and order defendant's detention pending trial. In July 2020, defendant was arrested and charged with six offenses under four separate complaint warrants as follows: third-degree burglary, N.J.S.A. 2C:18-2(a)(1) and third-degree receiving stolen property, N.J.S.A. 2C:20-7(a) under complaint warrant W-2020-2744-0906; second-degree aggravated assault, N.J.S.A. 2C:12-1(b) and third-degree criminal restraint, N.J.S.A. 2C:13-2(a) under complaint warrant W-2020-2412-0906; third-degree burglary, N.J.S.A. 2C:18-2(a)(1) under complaint warrant W-2020-2603-0906; and fourth-degree attempted burglary, N.J.S.A. 2C:5-1(a)(1) and N.J.S.A. 2C:18-2(a)(1) under complaint warrant W-2020-0803-0910. All of these charges arose from offenses A-1566-20 2 that occurred from March to July 2020. Defendant is alleged to have stolen a motor vehicle while it was being unloaded and to have punched a victim in the face with his fist, causing lacerations. He is accused of breaking a car window and stealing a purse from the vehicle, and breaking the window of an apartment and taking packages from the apartment. The State requested pre-trial detention, but on July 29, 2020, defendant was released on PML III+ monitoring with home detention, but with an exception to go to work. He was ordered not to commit any new offenses. In November 2020, defendant was arrested for third-degree burglary, N.J.S.A. 2C:18-2(a)(1) and theft, N.J.S.A. 2C:20-7(a), under complaint warrant W-2020-0947-0905. It is alleged he was still in possession of the stolen items when arrested. The State's motion for pre-trial detention relative to this charge was heard by a different judge, who granted pre-trial detention on December 1, 2020, noting defendant's public safety assessment (PSA) score was an elevated 5/6, that defendant allegedly committed these offenses while on the highest level of pre-trial monitoring without the use of an electronic monitoring device, and that pre-trial services …
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