STATE v. TRUGLIA


97 N.J. 513 (1984)

480 A.2d 912

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT, v. PATSY JOHN TRUGLIA, JR., DEFENDANT-RESPONDENT AND CROSS-APPELLANT.

The Supreme Court of New Jersey.

Decided September 11, 1984.


Attorney(s) appearing for the Case

Larry R. Etzweiler, Deputy Attorney General, argued the cause for appellant and cross-respondent (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Larry R. Etzweiler and Gilbert Miller, Deputy Attorneys General, on the briefs).

Donald T. Thelander, Assistant Deputy Public Defender, argued the cause for respondent and cross-appellant (Joseph H. Rodriguez, Public Defender, attorney).


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

This appeal and cross-appeal pose issues of merger of criminal convictions entered pursuant to guilty pleas, and of defendant's waiver of any merger by virtue of his having pleaded guilty pursuant to a plea agreement. Defendant raised the merger issue for the first time on appeal.

The Appellate Division, in an unreported opinion, did not decide the issue of merger, nor did it conclude that defendant, by...

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