State v. Gregory

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Submitted November 15, 2000

This appeal requires us to determine whether a conviction for third-degree possession of cocaine with intent to distribute, N.J.S.A. 2C:35-5a(1) and -5b(3) (Section 5), merges for the purposes of sentencing with a conviction for second-degree possession of cocaine with intent to distribute within 500 feet of public property, N.J.S.A. 2C:35-7.1 (Section 7.1). We answer that question in the affirmative and remand this matter for resentencing.

Pursuant to a “no show/no recommendation” plea agreement, defendant Tahir S. Gregory entered a guilty plea to the above offenses. Under the terms of the plea agreement, the State agreed that if defendant appeared for his presentence and sentence obligations, it would recommend a four-year term of imprisonment, the presumptive term for a third-degree offense, even though defendant entered a plea to a second-degree offense; if defendant failed to appear, the State was permitted to seek a greater sentence “in the second-degree range.”

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State v. Gregory

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