State v. Hardison

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:l-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 the conspiracy proven has criminal objectives other than the substantive offense proven, the offenses will not merge. In this case the…