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STATE v. DIAZ

144 N.J. 628 (1996)

677 A.2d 1120

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. DEMETRIUS M. DIAZ, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided July 3, 1996.

Attorney(s) appearing for the Case

Joseph Connor, Jr., Assistant County Prosecutor, argued the cause for appellant (W. Michael Murphy, Jr., Morris County Prosecutor, attorney).

Susan M. Chagrin, Assistant Deputy Public Defender, argued the cause for respondent (Susan L. Reisner, Public Defender, attorney).

Gerard C. Sims, Jr., Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Deborah T. Poritz, Attorney General, attorney).

The opinion of the Court was delivered by COLEMAN, J.

The issue raised in this appeal is whether a conviction for possession of a firearm for an unlawful purpose should merge with a conviction for passion/provocation manslaughter when the trial court did not instruct the jury with respect to an unlawful purpose that was broader than, and separate from, using the firearm to commit the homicide.

We hold that failure to use a special verdict is not dispositive...

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