State v. Troy N. Tate (069314)

Judge RODRÍGUEZ,

temporarily assigned, delivered the opinion of the court.

The doctrine of merger is based on the concept that “an accused [who] committed only one offense ... cannot be punished as if for two.” State v. Davis, 68 N.J. 69, 77, 342 A.2d 841 (1975). As such, “[m]erger implicates a defendant’s substantive constitutional rights.” State v. Miller, 108 N.J. 112, 116, 527 A.2d 1362 (1987); accord State v. Truglia, 97 N.J. 513, 522, 480 A.2d 912 (1984); Davis, supra, 68 N.J. at 77, 342 A.2d 841. “Not only does merger have sentencing ramifications, it also has a measurable impact on the…