STATE OF NEW JERSEY VS. LOUISE FRANK
Defendant was convicted of leaving the scene of a motor vehicle accident involving serious bodily injury, N.J.S.A. 2C:12-1.1, and leaving the scene of a motor vehicle accident resulting in injury, N.J.S.A. 39:4-129(a). The trial court ordered that the motor vehicle violation merge into the criminal offense, and that the penalties survive merger. The judge sentenced defendant to a four-year term of probation for the criminal offense and a custodial sentence of 180 days on the Title 39 violation, believing the custodial sentence was mandatory. We agreed that the criminal offense and motor vehicle violation merged as a matter of law, and that the Title 39 penalties survived merger, but we reversed the imposition of a custodial sentence, concluding it was not mandatory under N.J.S.A. 39:4-129(a), and remanded for resentencing.