State v. Blow

Supreme Court of New Jersey

State v. Blow

588 A.2d 821, 123 N.J. 472, 1991 N.J. LEXIS 28

CourtSupreme Court of New Jersey

DecidedApril 9, 1991

StatusPublished

Cited by4 cases

This text of 588 A.2d 821 (State v. Blow) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Blow, 588 A.2d 821, 123 N.J. 472, 1991 N.J. LEXIS 28 (N.J. 1991).

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Opinions

PER CURIAM.

We granted certification, 122 N.J. 153, 584 A.2d 222 (1990), to review the Appellate Division’s determination that defendant’s convictions for the third-degree offense of possession of heroin with intent to distribute (N.J.S.Á. 2C:35-5a(l) and -5b(3)) did not merge with his conviction for possession of heroin with intent to distribute within 1,000 feet of school property (N.J. S.A. 2C:35-5a and N.J.S.A. 2C:35-7). 237 N.J.Super. 184, 567 A.2d 253. For the reasons set forth in our opinion in State v. [473]*473Gonzalez, 123 N.J. 462, 588 A.2d 816 (1991), also decided today, we hold that the offenses did merge. See also State v. Gonzalez, 241 N.J.Super. 92, 99-108, 574 A.2d 487 (App.Div.1989) (Skillman, J.A.D., concurring in part and dissenting in part).

We reverse so much of the judgment below as denied merger. We remand the cause to the trial court for entry of an amended judgment vacating defendant’s conviction for possession with intent to distribute under N.J.S.A. 2C:35-5a(l) and -5b(3).

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PER CURIAM.

We granted certification, 122 N.J. 153, 584 A.2d 222 (1990), to review the Appellate Division’s determination that defendant’s convictions for the third-degree offense of possession of heroin with intent to distribute (N.J.S.Á. 2C:35-5a(l) and -5b(3)) did not merge with his conviction for possession of heroin with intent to distribute within 1,000 feet of school property (N.J. S.A. 2C:35-5a and N.J.S.A. 2C:35-7). 237 N.J.Super. 184, 567 A.2d 253. For the reasons set forth in our opinion in State v. [473]*473Gonzalez, 123 N.J. 462, 588 A.2d 816 (1991), also decided today, we hold that the offenses did merge. See also State v. Gonzalez, 241 N.J.Super. 92, 99-108, 574 A.2d 487 (App.Div.1989) (Skillman, J.A.D., concurring in part and dissenting in part).

We reverse so much of the judgment below as denied merger. We remand the cause to the trial court for entry of an amended judgment vacating defendant’s conviction for possession with intent to distribute under N.J.S.A. 2C:35-5a(l) and -5b(3).

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588 A.2d 821, 123 N.J. 472, 1991 N.J. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blow-nj-1991.

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