Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Angel Acosta Rodriguez, Defendant-Respondent

August 1, 198497 N.J. 263

Summary

The Supreme Court of New Jersey held that, because the defendant's robbery conviction merged into his felony murder conviction on appeal, the double‑jeopardy bar to increasing his sentence was removed, allowing resentencing up to the aggregate term originally imposed. The Court reversed the Appellate Division’s prohibition on resentencing and remanded for a new sentence consistent with the Code.