State of New Jersey, Plaintiff-Appellant v. David Dillihay, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that convictions under the school‑zone statute (N.J.S.A. 2C:35-7) must merge into related first‑ or second‑degree violations of N.J.S.A. 2C:35-5, but the mandatory minimum sentence required by the school‑zone statute must still be imposed. The Court based its decision on federal double‑jeopardy analysis and a construction of the statute that preserves legislative intent. Justice Garibaldi dissented, arguing that the non‑merger provision should be enforced to preserve separate convictions and penalties.