RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court."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-3553-19T6 STATE OF NEW JERSEY, Plaintiff-Appellant, v. DAVID A. PINEIRO, Defendant-Respondent. ___________________________ Submitted June 30, 2020 – Decided July 20, 2020 Before Judges Messano, Vernoia and Rose. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Passaic County, Complaint No. W-2020-00201-1602. Camelia M. Valdes, Passaic County Prosecutor, attorney for appellant (Mark Niedziela, Assistant Prosecutor, of counsel and on the briefs). Adrienne D. Edward, attorney for respondent. PER CURIAM The State appeals from an order granting defendant David A. Pineiro's motion to reopen his detention hearing and releasing defendant from detention pending disposition of the second-degree eluding and disorderly persons possession of marijuana charges for which the court ordered his detention in the first instance. Because the court did not make sufficient findings supporting its decision to reopen the detention hearing and release defendant pending trial, we vacate the court's order and remand for further proceedings. I. On February 9, 2020, Clifton police arrested and charged defendant with second-degree eluding, N.J.S.A. 2C:29-2(b), and the disorderly persons offense of possession of marijuana, N.J.S.A. 2C:35-10(a)(4). The State moved for his detention pending trial. At the detention hearing, the judge summarized a police report describing the incident leading to defendant's arrest. The report stated that on February 9, 2020, at 9:00 p.m., a Clifton police officer observed defendant driving a motorcycle at a high rate of speed and weaving in and out of traffic. The motorcycle did not have illuminated taillights or a license plate. Defendant's actions caused other motorists on the roadway to "slam on their brakes to avoid a collision" with defendant. A-3553-19T6 2 The officer activated the emergency lights and siren on his marked police vehicle and pursued defendant, who increased his speed, maneuvered through traffic on Route 3, and traveled a "substantial distance" before crashing his motorcycle, suffering injuries, and being transported to the hospital. Defendant was found in possession of a marijuana cigarette. The State reported defendant's license was suspended and his motorcycle was neither registered nor insured. The Public Safety Assessment (PSA) showed defendant was twenty-six years old, and the assessment included a score of two out of six for defendant's risk of failure to appear and a score of three out of six for his risk of new criminal activity. The PSA revealed defendant had convictions in 2011 and 2015 for second-degree unlawful possession of a handgun, N.J.S.A. 2C:39-5(b), and received five-year prison terms for each conviction. Defendant also had 2018 and 2019 convictions for third-degree distribution of a controlled dangerous substance within 1,000 feet of school property, N.J.S.A. 2C:35-7(a), and received probationary terms for each. In August 2019, ...
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