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State v. Hardison

Supreme Court of New Jersey
492 A.2d 1009 (1985)


Kenneth Hardison and Jerry Jackson (defendants) were charged with robbing the Lincoln Cafe and the Edison Motor Lodge with two other men. The two defendants were tried together. The evidence showed that both defendants were present at the Lincoln Cafe, but neither wielded a weapon. At the Edison Motor Lodge, however, Hardison brandished a gun, and Jackson assaulted the manager wearing a set of brass knuckles. A jury acquitted the defendants of the Lincoln Cafe robbery, but convicted the defendants of the robbery committed at the Edison Motor Lodge. The jury also convicted the defendants of conspiracy to commit robbery. The court imposed separate, consecutive sentences on the conspiracy and robbery counts. The appellate division affirmed the convictions, but ruled that under New Jersey law, the defendants’ convictions for conspiracy and robbery merged for sentencing purposes. The state petitioned the Supreme Court of New Jersey to determine whether a conviction for conspiracy to commit robbery merged with a conviction for robbery.

Rule of Law


Holding and Reasoning (O’Hern, J.)

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