State v. Combariati

Defendant was found guilty by a jury of two counts of theft (N.J.S.A. 2C:20-3(a)). The convictions were based upon proofs *132that defendant stole a purse which contained $400 in cash and a bottle of Tranxene pills, a controlled dangerous substance. At sentencing, the trial judge merged the theft of the cash, a fourth-degree offense (N.J.S.A. 2C:20-2(b)(3)), into the Tranxene theft conviction, a third-degree offense (N.J.S.A. 2C:20-2(b)(2)(c)), and imposed a custodial term of four years.

On this appeal defendant urges, as he did in the trial court, that he cannot be found guilty of theft of the…