State v. Miller

In this pro se appeal by John F. Miller from denial of his petition for post conviction relief, he argues that the issue of merger of offenses previously raised and resolved by the Supreme Court in his direct appeal, State v. Miller, 108 N.J. 112, 527 A.2d 1362 (1987) was subsequently reinterpreted in State v. Dillihay, 127 N.J. 42, 601 A.2d 1149 (1992). He urges that his sentence must therefore be modified to merge his conviction under N.J.S.A 2C:24-4(a) for Endangering the Welfare of a Child with his conviction for Aggravated Sexual Assault, N.J.S.A. 2C:14-2(a).

The motion judge concluded…