The New Jersey Appellate Division heard cross-appeals concerning the defendant’s sentence after convictions for leaving the scene of a fatal motor vehicle accident and endangering an injured victim. The State contended that the sentencing court’s decision to impose concurrent state prison terms was illegal because the statutes defining both crimes require that the prison terms be served consecutively. The defendant argued that the sentencing court should have merged the convictions. The defendant’s only criminally culpable act was leaving the scene of the fatal accident without stopping to render aid or call for emergency medical assistance. The Appellate Division employed the more “flexible” approach to the merger analysis called for in State v. Diaz. The Court noted that the material elements of the two offenses did not align. But the Court was more persuaded by the fact that the defendant’s only criminal conduct was his decision to leave the scene. Thus, the crime was initiated and completed in a brief instant. As such, the Court ruled that the offenses should have merged for sentencing purposes.
