The order in which the sentencing court merged the two offenses is therefore irrelevant. Under State v. Arenas, 363 N.J. Super. 1 (App. Div. 2003), a defendant may be found guilty of felony murder when the death of the victim was caused intentionally. At the time defendant committed the murder, N.J.S.A. 2C:11-3(a)(3) provided felony murder
PETITIONS FOR CERTIFICATION 362 N.J. Super. 216 827 A.2d 1080 362 N.J. Super. 216 827 A.2d 1080 361 N.J. Super. 264 825 A.2d 524 361 N.J. Super. 264 825 A.2d 524 363 N.J. Super. 1 830 A.2d 502 Lower Court Title Date Disposition Citation Czepas v. Schenk 01/06/2004 Cross-pet. , Denied Czepas v. Schenk 01/06/2004 Cross-pet. , Denied Giovinazzi v. Scalia 01/14/2004 Denied Crouse v. Agorganic, Inc. 01/14/2004 Denied Crouse v. Agorganic, Inc. 01/14/2004 Cross-pet. Denied Diorio v. Higgins 01/14/2004 Denied O'Brien (Newark) Cogeneration, Inc. v. Hawker-Siddeley, Inc. 01/14/2004 Denied , O'Brien (Newark) Cogeneration, Inc. v. Hawker-Siddeley, Inc.
Moreover, it is well established that an acquittal for purposeful or knowing murder does not bar a life term for felony murder. See, e.g., State v. Arenas, 363 N.J. Super. 1, 7-9 (App. Div. 2003) ([thirty] to life sentence for felony murder after acquittal for purposeful and knowing murder). The motion/PCR court also rejected Kunz's argument that amendment of the juvenile waiver statute, N.J.S.A. 2A:4A-26.
At common law, arson was defined as the willful and malicious burning of the house or adjacent structures of another. State v. Fish, 27 N.J.L. 323, 324 (1859) ; State v. Arenas, 363 N.J. Super. 1, 6, 830 A.2d 502 (App. Div. 2003). The offense was "against the possession of another," and the purpose of it was to protect the person in possession of the house.
New Jersey courts have interpreted its felony murder statute as not requiring any mens rea (apart from that imputed by virtue of the commission of or attempt to commit the underlying felony) in connection with causing the death of the victim. See, e.g., State v. Arenas, 363 NJ Super 1, 8, 830 A2d 502, 506 (2003), rev den, 178 NJ 452, 841 A2d 90 (2004) ("[T]he intent required to support a conviction for felony murder is the intent to commit the predicate felony."). But see Paul H. Robinson, 1 Criminal Law Defenses ยง 104, 506 (1984) (expressing view, contrary to that of New Jersey's courts, that "New Jersey may have inadvertently short-circuited the felony-murder rule, rendering its no-culpability-as-to-the-killing defense to felony murder superfluous").