STATE OF NEW JERSEY VS. DATRELL T. WILLIAMS
A-5953-13T3
After concluding that a prosecution was not barred by either double jeopardy or the mandatory joinder rule, the trial court dismissed an indictment with prejudice against defendant, relying upon the "doctrine of fundamental fairness and equitable treatment." We agree with the trial court that prosecution of the cocaine charges was not barred by double jeopardy or the mandatory joinder rule, N.J.S.A. 2C:1-8(b) and R. 3:15-1(b). The question presented by the State's appeal is whether, under the facts of this case, the rarely applied doctrine of fundamental fairness is properly relied upon to protect the defendant from oppression and harassment. We conclude that the application of the doctrine here was a mistaken exercise of discretion and reverse.
