State v. Shelley
15 A.3d 818
| N.J. | 2011Background
- Shelley sold cocaine to an undercover officer within 1,000 feet of the Goddard School for Early Childhood Development of North Brunswick, a licensed day care center with a private kindergarten program; Goddard serves children six weeks to six years and does not offer programs beyond kindergarten; the trial court denied a motion to dismiss; the Appellate Division vacated Shelley’s conviction for distribution within a school zone; the Supreme Court majority held that day care centers with a kindergarten do not constitute an “elementary school” under N.J.S.A. 2C:35-7; the Court affirmed the Appellate Division’s vacation of the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Goddard qualifies as an "elementary school" under N.J.S.A. 2C:35-7 | State contends a kindergarten class within the facility brings it within the statute’s reach | Shelley contends the facility is a day care, not an elementary school | No; Goddard is not an elementary school for purposes of the statute |
| How legislative history informs the scope of the school-zone statute | State argues history shows a broad aim to protect children near schools | Shelley argues history demonstrates intent to limit to elementary/secondary schools | Legislative history narrows the scope to elementary/secondary schools only, excluding day care centers |
| Whether strict construction and lenity affect application of the statute to a day care center | State relies on strict construction to give effect to the statute’s purpose | Shelley emphasizes lenity when ambiguity exists | Applied strict construction and lenity to conclude no liability for this day care center |
Key Cases Cited
- State v. Lewis, 185 N.J. 363 (2005) (explains the statute’s purpose to create a drug safety zone around schools)
- State v. Maldonado, 137 N.J. 536 (1994) (school-zone statute protects children from drug trafficking near schools)
- State v. Ivory, 124 N.J. 582 (1991) (statute protects all school children near school properties regardless of public/private status)
- Abbott v. Burke, 153 N.J. 480 (1998) (kindergarten as part of a thorough and efficient public education system)
- United States v. Echevaria, 995 F.2d 562 (5th Cir. 1993) (federal model addressing elementary school proximity for punishment)