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STATE v. COLE

120 N.J. 321 (1990)

576 A.2d 864

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. NELSON COLE, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 23, 1990.

Attorney(s) appearing for the Case

Philip L. Maier, Designated Counsel, argued the cause for appellant (Thomas S. Smith, Jr., Acting Public Defender, attorney).

Nelson Cole submitted supplemental briefs pro se.

Richard W. Berg, Deputy Attorney General, argued the cause for respondent (Robert J. Del Tufo, Attorney General of New Jersey, attorney).

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

A jury found Nelson Cole guilty of aggravated assault, N.J.S.A. 2C:12-1b(1); kidnapping, N.J.S.A. 2C:13-1b; robbery, N.J.S.A. 2C:15-1; and aggravated sexual assault, 2C:14-2a(3). The trial court did not merge those convictions, and imposed separate sentences for each offense. The sole issue on this appeal is whether defendant's convictions for robbery, aggravated assault, and kidnapping merge...

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