State v. Wade

Supreme Court of New Jersey

State v. Wade

777 A.2d 346, 169 N.J. 302, 2001 N.J. LEXIS 953

CourtSupreme Court of New Jersey

DecidedAugust 9, 2001

StatusPublished

Cited by7 cases

This text of 777 A.2d 346 (State v. Wade) 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. Wade, 777 A.2d 346, 169 N.J. 302, 2001 N.J. LEXIS 953 (N.J. 2001).

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Opinion

PER CURIAM.

Defendant pled guilty to second-degree vehicular homicide, N.J.S.A. 2C:11-5, and to operating a vehicle while under the influence of alcohol (DWI), N.J.S.A. 39:4-50(a). The sentencing court held that the No Early Release Act (NERA), N.J.S.A 2C:43-7.2, did not apply to vehicular homicide. The court also declined to merge the vehicular homicide conviction with the DWI conviction, concluding that defendant’s reckless conduct in causing the death of the victim was conduct separate and independent from the DWI offense. In an unreported order, the Appellate Division affirmed the judgment of conviction.

We hold that vehicular homicide is subject to NERA, substantially for the reasons expressed by the Appellate Division in State v. Ferencsik, 326 N.J.Super. 228, 741 A.2d 101 (App.Div. 1999). We further hold that under the facts of this case, the sentencing court should have merged defendant’s DWI conviction with his vehicular homicide conviction. The merger, however, carries with it the statutory penalties for drunk driving. We adopt that position substantially for the reasons expressed by the Appellate Division in State v. Baumann, 340 N.J.Super. 553, 775 A.2d 3 (2001). The judgment of the Appellate Division therefore is affirmed in part and reversed in part, and we remand the matter to the trial court for re-sentencing and amendment of the judgment of conviction.

For affirmance in part, reversal in part and remandment— Chief Justice PORITZ and Justices STEIN, COLEMAN, LONG, LaVECCHIA, and ZAZZALI — 6.

Opposed — None.

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PER CURIAM.

Defendant pled guilty to second-degree vehicular homicide, N.J.S.A. 2C:11-5, and to operating a vehicle while under the influence of alcohol (DWI), N.J.S.A. 39:4-50(a). The sentencing court held that the No Early Release Act (NERA), N.J.S.A 2C:43-7.2, did not apply to vehicular homicide. The court also declined to merge the vehicular homicide conviction with the DWI conviction, concluding that defendant’s reckless conduct in causing the death of the victim was conduct separate and independent from the DWI offense. In an unreported order, the Appellate Division affirmed the judgment of conviction.

We hold that vehicular homicide is subject to NERA, substantially for the reasons expressed by the Appellate Division in State v. Ferencsik, 326 N.J.Super. 228, 741 A.2d 101 (App.Div. 1999). We further hold that under the facts of this case, the sentencing court should have merged defendant’s DWI conviction with his vehicular homicide conviction. The merger, however, carries with it the statutory penalties for drunk driving. We adopt that position substantially for the reasons expressed by the Appellate Division in State v. Baumann, 340 N.J.Super. 553, 775 A.2d 3 (2001). The judgment of the Appellate Division therefore is affirmed in part and reversed in part, and we remand the matter to the trial court for re-sentencing and amendment of the judgment of conviction.

For affirmance in part, reversal in part and remandment— Chief Justice PORITZ and Justices STEIN, COLEMAN, LONG, LaVECCHIA, and ZAZZALI — 6.

Opposed — None.

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Bluebook (online)

777 A.2d 346, 169 N.J. 302, 2001 N.J. LEXIS 953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wade-nj-2001.

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