Supreme Court of New Jersey
State of New Jersey, Plaintiff-Appellant v. David Dillihay, Defendant-Respondent
January 27, 1992127 N.J. 42
Summary
The Supreme Court of New Jersey held that convictions under the school‑zone statute (N.J.S.A. 2C:35-7) must merge into related first‑ or second‑degree violations of Section 5, but the mandatory minimum sentence prescribed by the school‑zone statute must still be imposed. The Court based its decision on federal double‑jeopardy principles, the Blockburger test, and the lack of clear legislative intent to allow cumulative punishment. Justice Garibaldi dissented, arguing that the statutes create separate offenses that should not merge. The Appellate Division judgment was affirmed.