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 Results for ("N.J.S.A. 2C:35-12")   16 to 30 of 131 results. Run time: 0.897 seconds | Search time: 0.890 seconds    
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16 STATE OF NEW JERSEY v. RUDELL ANDERSON -- rank: 788
... extended term or reduction of a mandatory minimum term under N.J.S.A. 2C:35-12? From our review of the record in these cases, we ... 2C:35-7(b): b. (1) Notwithstanding the provisions of [ N.J.S.A. ] 2C:35-12 or subsection a. of this section, the court may waive ...
docket: a5851-09
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 40204
17 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 788
... extended term or reduction of a mandatory minimum term under N.J.S.A. 2C:35-12? From our review of the record in these cases, we ... 2C:35-7(b): b. (1) Notwithstanding the provisions of [ N.J.S.A. ] 2C:35-12 or subsection a. of this section, the court may waive ...
docket: a1505-10
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 41099
18 State of New Jersey v. Jason Shelley -- rank: 788
... a term of mandatory imprisonment and parole ineligibility, subject to N.J.S.A. 2C:35-12, for defendants convicted of possession with intent to distribute or ...
docket: a-109-09
court: NJ Supreme Court
decided: 2011-03-09
status:
citation:
Document Size: 88382
19 STATE OF NEW JERSEY v. TYQUAN FUQUA -- rank: 783
Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...
docket: a3149-17
court: NJ Superior Court Appellate Division
decided: 2021-08-20
status: Unpublished
citation:
Document Size: 144018
20 State v. Charles E. Gerns -- rank: 776
... to apprehend well-insulated drug traffickers, the Legislature contemporaneously enacted N.J.S.A. 2C:35-12 (section 12) to permit the prosecutor to recommend relaxation of ... Vasquez , supra , 129 N.J. at 195-97, to implement N.J.S.A. 2C:35-12. The Appellate Division in an unpublished opinion held that the ... of the third degree and shall, except as provided in N.J.S.A. 2C:35-12, be sentenced by the court to a term of imprisonment ... Cannel, New Jersey Criminal Code Annotated , 1987 Legislative Commentary on N.J.S.A. 2C:35-12 (1992)). The Legislature, therefore, contemporaneously enacted N.J.S.A. 2C:35-12 to permit the prosecutor to recommend relaxation of the mandatory ... waive the mandatory minimum period of parole ineligibility pursuant to N.J.S.A. 2C:35-12.     The State argues further that the Appellate Division, on ...
docket: a-64-95
court: njsupreme
decided: 1996-07-09
status:
citation: 145 N.J. 216
Document Size: 50291
21 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 758
... 1. See Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004), at 90–91. The record does not ...
docket: a3586-19
court: NJ Superior Court Appellate Division
decided: 2021-01-25
status: Published
citation:
Document Size: 111045
22 STATE OF NEW JERSEY v. JOHN L. WILLIAMS -- rank: 758
... minimum terms for all non-violent drug crimes pursuant to N.J.S.A. 2C:35-12.2 He argues the State ignored the Directive, which has ... Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12 (Apr. 19, 2021). A-3310-21 18 2. The Directive ... a 'negotiated agreement' between the defendant and the State. Under N.J.S.A. 2C:35-12 ('Section 12'), the parties can enter into an agreement—before ... to enter into an agreement prior to sentencing' pursuant to N.J.S.A. 2C:35-12, that imposes ordinary parole eligibility, including application of 'commutation, minimum ... states a prosecutor can still seek an extended term under N.J.S.A. 2C:35-12, and the sentencing court retains authority to impose a discretionary ... S.A. 2C:43-6(b). Id. at 7-8. N.J.S.A. 2C:35-12 provides: Whenever an offense defined in this chapter specifies ...
docket: a3310-21
court: NJ Superior Court Appellate Division
decided: 2024-02-22
status: Unpublished
citation:
Document Size: 39595
23 STATE OF NEW JERSEY v. QUAISHAWN L. RAY -- rank: 745
... for which a mandatory minimum sentence has been prescribed. Furthermore, N.J.S.A. 2C:35-12 provides that the trial court must impose the mandatory sentence ...
docket: a2375-12
court: NJ Superior Court Appellate Division
decided: 2014-06-16
status: unpublished
citation:
Document Size: 23477
24 STATE OF NEW JERSEY v. GARRY FLOYD -- rank: 745
... prosecutors must follow certain guidelines when offering plea agreements under N.J.S.A. 2C:35-12 that waive the mandatory minimum sentence specified for an offense ... in the case of a so-called contract plea under N.J.S.A. 2C:35-12 that a trial court cannot impose a lesser sentence than ... that he was seeking to waive the extended term under [ N.J.S.A. 2C:35- - 12],' defendant 'should be granted a resentencing hearing . . . and consideration of ... such sentences in the context of a negotiated plea agreement, N.J.S.A. 2C:35-12 (Section 12). Significantly, Section 12 renders immutable the sentence recommended ... andatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12 6-7 (Apr. 19, 2021); N.J. Crim. Sent'g ... that because this was 'a so-called contract plea under N.J.S.A. 2C:35-12,' he was required to impose the bargained-for sentence ...
docket: a2592-20
court: NJ Superior Court Appellate Division
decided: 2022-10-17
status: Unpublished
citation:
Document Size: 25685
25 G.A.-H. v. K.G.G. -- rank: 740
... considered the separation of powers implications of plea bargaining under N.J.S.A. 2C:35-12, a provision of the Comprehensive Drug Reform Act (CDRA), N ... drug prosecution plea agreements. 129 N.J. at 197-209. N.J.S.A. 2C:35-12 authorized the prosecutor to waive the statutory period of parole ... plea or post-conviction agreement.” Id. at 198 (quoting N.J.S.A. 2C:35-12). The appeal in Vasquez arose from a plea agreement in ... Court that the Legislature’s grant of prosecutorial discretion in N.J.S.A. 2C:35-12 contravened separation of powers principles. Id. at 195. The Court ... same interpretation is appropriate.” Id. at 196. It construed N.J.S.A. 2C:35-12 to preserve judicial authority to reject a plea bargain or ... for prosecutors negotiating plea agreements and post-conviction agreements under N.J.S.A. 2C:35-12. See Revised Attorney General Guidelines for Negotiating Cases under ...
docket: a-28-18
court: NJ Supreme Court
decided: 2019-06-26
status:
citation: --- A.3d ----
Document Size: 73879
26 STATE OF NEW JERSEY V. KEITH STEWART -- rank: 732
... offense of resisting arrest. Pursuant to a plea agreement under N.J.S.A. 2C:35-12 (section 12), Stewart pled guilty to possession of a controlled ... the Essex County Local Intensive Probation Supervision Effort Program because N.J.S.A. 2C:35-12 expressly prohibits a court from imposing a lesser term of ...
docket: a-77-93
court: njsupreme
decided: 1994-06-08
status:
citation: 136 N.J. 174
Document Size: 28036
27 State v. Marie Hess -- rank: 715
Original Wordprocessor Version This case can also be found at 207 N.J. 123 or 23 A.3d 373. 207 N.J. 123 or 23 A.3d 373. Original Wordprocessor Version SYLLABUS (This syllabus is not part of the opinion of the Court. It has been prepared by the Office of ...
docket: a-113-09
court: superior court trial
decided: 2011-07-21
status:
citation:
Document Size: 204130
28 STATE OF NEW JERSEY v. JAMES THOMAS -- rank: 712
... the State and defendant pursuant to the Brimage Guidelines and N.J.S.A. 2C:35-12, based on the court's belief that the agreement violated ... by the Attorney General to address negotiated-sentence agreements under N.J.S.A. 2C:35-12, violate the principles of Blakely v. Washington , 542 U.S ... TO A REMAND FOR RE-SENTENCING. (Partially Raised Below) I N.J.S.A. 2C:35-12 (hereafter section 12) provides the statutory underpinning for the Brimage ...
docket: a6422-04
court: njappellate
decided: 2007-04-17
status: published
citation: 392 N.J. Super. 169
Document Size: 75107
29 STATE OF NEW JERSEY v. MICHAEL CUSHING -- rank: 707
... S.A. 2C:35-7b(1), notwithstanding the provisions of N.J.S.A. 2C:35-12 . . . the judge "may waive or reduce the minimum term of ... making among individual prosecutors" as to those crimes subject to N.J.S.A. 2C:35-12. That statute obligates the judge to impose the mandatory sentence ...
docket: a0856-12
court: NJ Superior Court Appellate Division
decided: 2014-01-23
status: unpublished
citation:
Document Size: 53285
30 STATE OF NEW JERSEY v. RICHARD DELCRISTO -- rank: 704
... a mandatory minimum sentence. The statute imposing the mandatory minimum, N.J.S.A. 2C:35-12, however, allows for a lesser sentence if the defendant pleads ... 586, 591-92 (App. Div. 1988) . It is true that N.J.S.A. 2C:35-12 requires the imposition of a mandatory minimum term higher than ... the defendant has pleaded guilty pursuant to a negotiated agreement." N.J.S.A. 2C:35-12. That is precisely the situation here. Thus, the sentence imposed ...
docket: a2673-09
court: superior court appellate division
decided: 2011-02-16
status: unpublished
citation:
Document Size: 28889
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