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STATE v. HARDISON

99 N.J. 379 (1985)

492 A.2d 1009

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KENNETH HARDISON AND JERRY JACKSON, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided June 6, 1985.

Attorney(s) appearing for the Case

Gilbert G. Miller, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Miller and Jane A. Grall, Deputy Attorneys General, of counsel and on the briefs).

Robert A. Jacobson, Designated Counsel, argued the cause for respondent Kenneth Hardison (Joseph H. Rodriguez, Public Defender, attorney).

David S. Lieberman, Designated Counsel, argued the cause for respondent Jerry Jackson (Joseph H. Rodriguez, Public Defender, attorney).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the circumstances under which a conviction for a criminal conspiracy and a completed offense that was an object of the conspiracy will merge. Specifically, the appeal concerns N.J.S.A. 2C:1-8a(2), which provides that a defendant may not be convicted of more than one offense if "one offense consists only of a conspiracy or other form of preparation to commit the other." We hold that if...

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