## Facts

- Joseph R. Ervin procured cocaine that he and his girlfriend shared.
- The girlfriend died as a result of ingesting the cocaine.
- The State charged Ervin with multiple offenses, including first-degree drug-induced death under N.J.S.A. 2C:35-9.
- Ervin moved pretrial to dismiss the drug-induced death charge, arguing N.J.S.A. 2C:35-9 was unconstitutional.
- The trial court denied the motion; Ervin then pled guilty to violating N.J.S.A. 2C:35-9 pursuant to a plea agreement dismissing other counts.
- Ervin received a ten-year sentence and reserved the right to appeal the constitutional ruling.

## Issues

1. Whether N.J.S.A. 2C:35-9 violates due process by imposing strict criminal liability for a resulting death without requiring proof of a culpable mental state as to death.
2. Whether first-degree punishment under N.J.S.A. 2C:35-9 constitutes cruel and unusual punishment under the U.S. and New Jersey Constitutions.

## Decision

- The Appellate Division affirmed the denial of Ervin’s motion to dismiss and upheld the constitutionality of N.J.S.A. 2C:35-9.
- The court held that the Legislature may impose strict liability for a drug-induced death resulting from unlawful manufacture, distribution, or dispensing of covered drugs.
- The court held that the first-degree penalty scheme for drug-induced death is not cruel and unusual punishment.
- Ervin’s conviction and ten-year sentence were affirmed.

## Legal Principles

- Due process does not categorically require proof of purpose, knowledge, or recklessness as to death when the Legislature defines a death-resulting offense tied to inherently dangerous, unlawful conduct.
- A strict-liability, death-resulting statute may be constitutionally supported by historical analogues such as felony murder, where intent as to the killing is not required when death results from commission of a predicate felony.
- Eighth Amendment and state proportionality review considers the gravity of the offense and harshness of the penalty, including whether the punishment is grossly disproportionate or “shocks the conscience.”
- Causing a death through unlawful distribution of dangerous drugs is sufficiently grave to justify first-degree punishment, and legislative judgments on deterrence and public safety receive deference absent constitutional violation.

## Conclusion

The court upheld New Jersey’s drug-induced death statute as a valid strict-liability offense and concluded that its first-degree penalties are proportionate to the harm of drug-related fatalities, rejecting due process and cruel-and-unusual-punishment challenges and affirming the conviction and sentence.


State v. Ervin, 242 N.J. Super. 584, 577 A.2d 1273 (N.J. Super. Ct. App. Div. 1990)