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State v. Wade

Supreme Court of New Jersey
Aug 9, 2001
777 A.2d 346 (N.J. 2001)

Summary

making a substantive finding to the same effect and examining the scope of the pre-amendment language

Summary of this case from O'Neill v. Albino

Opinion

A-47/48 September Term 2000

Argued May 1, 2001

Decided August 9, 2001

On certification to the Superior Court, Appellate Division.

CHIEF JUSTICE PORITZ and JUSTICES STEIN, COLEMAN, LONG, LaVECCHIA, and ZAZZALI join in the Court's opinion. JUSTICE VERNIERO did not participate.

Robert W. Johnson, Acting Assistant Prosecutor, argued the cause for appellant and cross-respondent (David E. Blaker, Acting Cape May County Prosecutor, attorney). Daniel V. Gautieri, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Peter A. Garcia, Acting Public Defender, attorney).

Analisa Sama Holmes, Deputy Attorney General, argued the cause foramicus curiae, Attorney General of New Jersey (John J. Farmer, Jr., Attorney General, attorney).


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. Ferenscik, 326 N.J. Super. 228 (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.


Summaries of

State v. Wade

Supreme Court of New Jersey
Aug 9, 2001
777 A.2d 346 (N.J. 2001)

making a substantive finding to the same effect and examining the scope of the pre-amendment language

Summary of this case from O'Neill v. Albino

In State v. Wade, 169 N.J. 302, 777 A.2d 346 (2001), the Court held that a sentence for second-degree vehicular homicide was subject to the version of NERA that predated the 2001 amendment.

Summary of this case from State v. Jarrells
Case details for

State v. Wade

Case Details

Full title:STATE OF NEW JERSEY, Plaintiff-Appellant and Cross-Respondent, v. BARRY D…

Court:Supreme Court of New Jersey

Date published: Aug 9, 2001

Citations

777 A.2d 346 (N.J. 2001)
777 A.2d 346

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