State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide)

160 A.3d 23, 229 N.J. 83, 2017 WL 2119479, 2017 N.J. LEXIS 507
CourtSupreme Court of New Jersey
DecidedMay 16, 2017
DocketA-72-15
StatusPublished
Cited by35 cases

This text of 160 A.3d 23 (State v. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide)) 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. Rodney J. Miles a/k/a Jamal D. Allen (077035) (Camden County and Statewide), 160 A.3d 23, 229 N.J. 83, 2017 WL 2119479, 2017 N.J. LEXIS 507 (N.J. 2017).

Opinions

JUSTICE TIMPONE

delivered the opinion of the Court.

In this appeal, we clarify the methodology to be used in analyzing whether two offenses are the “same offense” for double jeopardy purposes. Since the 1980s, we have applied both the same-evidence test and the same-elements test in double jeopardy determinations. A finding that offenses met either test resulted in double jeopardy protection for the defendant. In contrast, the federal courts and most state jurisdictions apply only the same-elements test, as articulated by the United States Supreme Court in Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306 (1932).

We now join the majority of jurisdictions in returning to the Blockburger same-elements test as the sole test for determining what constitutes the “same offense” for purposes of double jeopardy. Here, because we are changing course, we examine the facts through the additional lens of the now-replaced same-evidence test as a matter of fairness to defendant Rodney Miles.

I.

In October 2010, the Camden County police arrested defendant for selling marijuana to an undercover police officer on the comer [87]*87of 27th and Washington Streets in Camden, New Jersey. Defendant was charged in a warrant complaint with possession of marijuana with intent to distribute, in violation of N.J.S.A. 2C:35-5(b)(12), and possession of a controlled dangerous substance (CDS) with intent to distribute on or within 1000 feet of a school property, in violation of N.J.S.A. 2C:35-7. In a separate municipal summons, defendant was charged with the disorderly-persons offense of possession of fifty grams or less of marijuana, in violation of N.J.S.A. 2C:35-10(a)(4). Those charges arose from the same attempted sale.

A Camden County grand jury returned an indictment charging defendant with the offenses in the warrant complaint. Defendant then appeared pro se in municipal court to resolve the disorderly-persons offense charged in the municipal summons. Defendant appeared via video conference from the county jail, where he was being held on an unrelated child-support charge. At some point before that video proceeding, the original municipal charge was amended to a different disorderly-persons offense—loitering to possess marijuana, in violation of N.J.S.A. 2C:33—2.1(b)(1). Confusion ensued as evidenced by the following colloquy between the judge and defendant at the municipal court proceeding:

Q. All right. You’re charged on October 15, 2010, with loitering to possess marijuana at 27th and Washington Street in Camden.
A. Yes, sir.
Q. Do you wish to have an attorney in this matter?
A. No, sir. What—they got me—can I ask you something? This is a municipal charge, right, Your Honor?
Q. Yes.
A. Well, why they got me going to Superior Court for this, Your Honor? That’s why I said I don’t understand.
Q. No, no, you’re not going to Superior Court for this. You’re going to Superior Court for child support, sir.
A. No, no, no, they had me—
Q. Sir.
A. Okay.
Q. Trust me. I am not going to argue with you.
A. No, I’m not arguing.
[88]*88Q. I'm not going to argue with you.
A. Oh, okay.
Q. You’re charged with loitering to possess marijuana in Camden, October 15, 2010. It’ll be a $500 fine plus mandatory costs. Do you understand the penalties?
A. Yes, sir.

Defendant then pled guilty to the charge of loitering to possess marijuana.

Thereafter, defendant moved to dismiss the Superior Court indictment on double-jeopardy grounds, arguing that prosecution on the possession charges was barred because he had already pled guilty to an offense that arose from the same conduct. Despite some puzzlement as to why the municipal court had amended the disorderly-persons offense, the Superior Court denied defendant’s motion to dismiss. The Superior Court reasoned that prosecution on the indicted charges was not barred because it required proof of an additional element—proximity to a school. Defendant pled guilty to possession of CDS with intent to distribute within 1000 feet of a school (the school-zone charge), but preserved his right to appeal the denial of the motion to dismiss.

On appeal, the Appellate Division remanded for a finding on the circumstances surrounding the amendment on the disorderly-persons offense, specifically focusing on whether the prosecutor was involved in amending the charge. The panel noted that a plea to the original municipal charge, instead of the amended one, could have led to a different result after applying the double-jeopardy analysis.

On remand, the Superior Court found no direct evidence as to the circumstances surrounding the amendment, but learned that it was typical in municipal court to amend charges where appropriate to help defendants avoid more serious penalties and fines. During the remand hearing, the prosecutor represented that his office was not informed of defendant’s municipal court proceedings. The court, having determined that the prosecutor played no role in the amendment of the municipal court charge, found nothing atypical in the amendment process.

[89]*89Despite defendant’s expressed confusion during the municipal court plea hearing, the Superior Court found him to be “fully cognizant” of the pending Superior Court prosecution because he previously appeared in that court on four separate occasions for pretrial conferences on the indicted charges. The court concluded that the school-zone prosecution was not precluded by notions of fundamental fairness.

Defendant appealed again, arguing that because the remand hearing revealed no definitive information on the circumstances of the amendment, the municipal court had jurisdiction over the disorderly-persons offense and, as a result, double jeopardy barred prosecution on the school-zone charge. The Appellate Division agreed. State v. Miles, 443 N.J.Super. 212, 220, 227, 128 A.3d 700 (App. Div. 2015). The panel recognized, however, that the Appellate Division was divided as to how to determine whether two offenses are the same offense for double-jeopardy purposes. Id. at 226-27. It explained that some panels have adhered to current New Jersey law, under which subsequent prosecutions are barred under either of two tests—the same-elements test or the same-evidence test—and other panels have adopted the United States Supreme Court’s exclusive use of the same-elements test. Ibid. Having analyzed the facts under both tests, the Appellate Division found that, although the second prosecution was not barred under the same-elements test, it was barred under the same-evidence test. Id. at 225-27.

The State filed a petition for certification, which we granted. 225 N.J. 339, 137 A.3d 1198 (2016).

II.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of New Jersey v. Francis R. Gannone, Jr.
New Jersey Superior Court App Division, 2026
State of New Jersey v. Michael Arena
New Jersey Superior Court App Division, 2025
State of New Jersey v. P.M.
New Jersey Superior Court App Division, 2025
State of New Jersey v. Leo B. Germain
New Jersey Superior Court App Division, 2025
State of New Jersey v. Leslie Knight
New Jersey Superior Court App Division, 2024
State of New Jersey v. Lionell G. Miller
New Jersey Superior Court App Division, 2024
State of New Jersey v. Michael J. Ward, IV
New Jersey Superior Court App Division, 2024
Stephen Fairhurst v. New Jersey State Parole Board
New Jersey Superior Court App Division, 2024
State of New Jersey v. Joseph A. Baker
New Jersey Superior Court App Division, 2024
State v. Stephen A. Zadroga
Supreme Court of New Jersey, 2023
State v. Rashaun Bell (084657) (Statewide)
Supreme Court of New Jersey, 2022

Cite This Page — Counsel Stack

Bluebook (online)
160 A.3d 23, 229 N.J. 83, 2017 WL 2119479, 2017 N.J. LEXIS 507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rodney-j-miles-aka-jamal-d-allen-077035-camden-county-and-nj-2017.