State v. Manning

In State v. Manning, 234 N.J.Super. 147, 164, 560 A.2d 693 (App.Div.), certif. denied, 117 N.J. 657, 569 A.2d 1351 (1989), the Court held that where two felonies were committed in the context of a felony murder, only the one that is considered the predicate felony merges with it; the other survives for sentencing purposes. The Court noted there was a dispute as to whether the robbery or the escape should be the predicate felony, but it was of no consequence because the State was willing to accept the lesser offense as the surviving conviction. Ibid.