20-2-5341 Schvey v. Schvey, App. Div. (per curiam) (21 pp.) Plaintiff’s appeal and defendant’s cross-appeal are from post-judgment orders that terminated alimony, reduce child support for their youngest son, reinstate alimony upon emancipation of that child, emancipate the oldest child and vacate all arrears. The appellate panel reverses and remands, finding no evidence of a change in circumstances that support a suspension of alimony for a period coterminous with defendant’s obligation to pay child support. Further, while the record demonstrates changed circumstances warranting modification of child support, the panel cannot defer to the judge’s determinations on child support and college expenses because there are no relevant factual findings or legal reasons provided. Also, arrears must be adjusted on remand.
14-2-5342 State v. Gutierrez, App. Div. (per curiam) (10 pp.) A jury found defendant Giovanni Gutierrez guilty of third-degree possession of a controlled dangerous substance, N.J.S.A. 2C:35-5a(1); third-degree possession of cocaine with intent to distribute in a school zone, N.J.S.A. 2C:35-7; and second-degree possession of cocaine with intent to distribute while within a public housing zone, N.J.S.A. 2C:35-7.1. Because imposition of concurrent sentences for violating N.J.S.A. 2C:35-7 and N.J.S.A. 2C:35-7.1 “does not comport with traditional merger principles,” merger is required unless the evidence establishes that the convictions rest upon separate acts. There was no such evidence here, and the jury was not asked to make any relevant finding. Accordingly, defendant’s convictions must be merged and the separate fines, assessments and concurrent sentence for one of those convictions must be vacated.
