State v. Dillihay

In State v. Dillihay, 127 N.J. 42, 601 A.2d 1149 (1992), the Court considered the propriety of merging a conviction under section 7, the school zone offense, with a first and second degree conviction under section 5 (manufacturing, distributing or dispensing), and concluded that because there was only a single criminal transaction, non-merger of these convictions would violate federal double jeopardy principles. Dillihay, supra, 127 N.J. at 56, 601 A.2d 1149. In such circumstances, the Court determined that a conviction for a school zone offense must merge into a conviction for a related first or second degree offense under N.J.S.A. 2C:35-5b; however, the Court also held that a mandatory minimum sentence no less severe than that required by the school zone statute, N.J.S.A. 2C:35-7, must be imposed on a defendant convicted of a first or second degree section 5 offense. Ibid. In reaching that decision, the Court observed that courts considering such merger questions must "focus on the elements of the crime, the Legislature's intent in enacting the statutes, and the specific facts of each case." Dillihay, 127 N.J. at 47, 601 A.2d 1149.