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 Results for ("N.J.S.A. 2C:35-12")   31 to 45 of 131 results. Run time: 0.892 seconds | Search time: 0.885 seconds    
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31 STATE OF NEW JERSEY v. CHRISTOPHER C. SCHWARTZ -- rank: 704
... term of imprisonment shall, except as may be provided in N.J.S.A. 2C:35-12, include the imposition of a minimum term . . . fixed at, or ... Mandatory Minimum Sentences in Non- Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12, at 5 (Apr. 19, 2021) (Directive 2021-4), which 'establishe ... 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 ... However, the prosecutor may still seek an extended term under N.J.S.A. 2C:35-12, and the sentencing court retains authority to impose a discretionary ... term of imprisonment shall, except as may be provided in N.J.S.A. 2C:35-12, include the imposition of a minimum term . . . fixed at, or ...
docket: a0902-21
court: NJ Superior Court Appellate Division
decided: 2023-06-05
status: Unpublished
citation:
Document Size: 38862
32 STATE OF NEW JERSEY v. BRETT KEARNS -- rank: 699
... 7 would be waived by the prosecutor, as permitted by N.J.S.A. 2C:35-12. Vasquez , supra , 129 N.J. at 192. The sentencing court ... greater, during which the defendant shall be ineligible for parole. N.J.S.A. 2C:35-12 provides that [w]henever an offense defined in this chapter ...
docket: a5034-04
court: njappellate
decided: 2007-05-15
status: published
citation: 393 N.J. Super. 107
Document Size: 39334
33 STATE OF NEW JERSEY v. WILLIAM M. THOMPSON -- rank: 699
... sentencing. Brimage, 153 N.J. at 13. Plea agreements under N.J.S.A. 2C:35-12 are governed by those guidelines, 153 N.J. at 24 ... 25; see Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004); State v. Fowlkes, 169 N.J. 387 ... J. 283, 294 (1987)). Moreover, a negotiated agreement, pursuant to N.J.S.A. 2C:35-12, that calls for any form of imprisonment, whether the disposition ... or her mandatory or minimum term must be entered under N.J.S.A. 2C:35-12 (Section 12). The statute provides that: [w]henever an offense ... 0519-19 imprisonment [or a] lesser period of parole ineligibility .... [ N.J.S.A. 2C:35-12 (emphasis added).] In accordance with a negotiated plea agreement under ...
docket: a0519-19
court: NJ Superior Court Appellate Division
decided: 2021-08-13
status: Unpublished
citation:
Document Size: 17234
34 STATE OF NEW JERSEY v. DAVON FORBES -- rank: 694
... than the plea agreement's agreed-upon alternative sentence under N.J.S.A. 2C:35-12, because defendant had received and violated special probation under N ... the plea agreement's agreed-upon alternative sentence pursuant to N.J.S.A. 2C:35-12. Bishop , supra , 429 N.J. Super. at 538. The defendant ...
docket: a0793-12
court: NJ Superior Court Appellate Division
decided: 2014-07-25
status: unpublished
citation:
Document Size: 20896
35 STATE OF NEW JERSEY v. AARON LAMBERT -- rank: 687
... to include the following provision: (1) Notwithstanding the provisions of N.J.S.A. 2C:35-12 or subsection a. of this section, the court may waive ...
docket: a1483-10
court: NJ Superior Court Appellate Division
decided: 2012-10-16
status: unpublished
citation:
Document Size: 64351
36 STATE OF NEW JERSEY v. RASHEEN L. YARBROUGH -- rank: 681
... A. 2C:35-1 to 36A-1 ...[,]" and specifically to N.J.S.A. 2C:35-12, which authorizes a prosecutor to waive the mandatory minimum sentence ...
docket: a1936-11
court: NJ Superior Court Appellate Division
decided: 2013-07-24
status: unpublished
citation:
Document Size: 35257
37 STATE OF NEW JERSEY v. GARY ROBERT DAVIS -- rank: 679
... 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 ... greater, during which the defendant shall be ineligible for parole." N . J.S.A. 2C:35-12 addresses the waiver of mandatory minimum and extended terms when ... refuses to waive a parole disqualifier in the context of N.J.S.A. 2C:35-12, the reasons for that decision must be placed on the ... and did not enter into a post-conviction agreement. Therefore, N.J.S.A. 2C:35-12 does not apply. In other words, this was not a ...
docket: a1859-07
court: NJ Superior Court Appellate Division
decided: 2009-07-10
status: unpublished
citation:
Document Size: 91653
38 DARRELL B. BROWN v. STATE OF NEW JERSEY MORRIS COUNTY OFFICE OF THE PUBLIC DEFENDER -- rank: 674
... sixty months. In addition, Brown's sentence was subject to N.J.S.A. 2C:35-12, which requires the mandatory term with parole ineligibility be imposed ... that expressly provided for under the terms of the plea. . . . ' N.J.S.A. 2C:35-12. Despite the mandate of N.J.S.A. 2C:35-12, the court sentenced Brown to a five-year term subject ... Moreover, as previously explained, Brown's sentence was subject to N.J.S.A. 2C:35-12, which prohibited sentencing Brown to 'a lesser term of imprisonment ...
docket: a1811-18
court: NJ Superior Court Appellate Division
decided: 2020-03-03
status: Unpublished
citation:
Document Size: 35618
39 STATE OF NEW JERSEY v. E.S -- rank: 666
... such sentences in the context of a negotiated plea agreement, N.J.S.A. 2C:35-12.' State v. Courtney, 243 N.J. 77, 80 (2020). Significantly, N.J.S.A. 2C:35-12 'requires the sentencing court to enforce all agreements reached by ... 153 N.J. at 9). The Supreme Court has interpreted N.J.S.A. 2C:35-12 to require judicial oversight 'to protect against arbitrary and capricious ... the exercise of prosecutorial discretion when negotiating plea agreements under N.J.S.A. 2C:35-12. Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004) (Brimage Guidelines). '[A]ll plea agreements that ... plea agreement because he did not satisfy the Cooperation Agreement. N.J.S.A. 2C:35-12 'prohibit[ed] the court from imposing a lesser term ...
docket: a0175-19
court: NJ Superior Court Appellate Division
decided: 2021-02-25
status: Unpublished
citation:
Document Size: 32968
40 STATE OF NEW JERSEY v. DARYEL L. RAWLS -- rank: 664
... Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12 8 (Apr. 19, 2021). Defendant argues because he was convicted ...
docket: a4838-18
court: NJ Superior Court Appellate Division
decided: 2023-02-02
status: Unpublished
citation:
Document Size: 82009
41 STATE OF NEW JERSEY v. TUAN DANG -- rank: 653
... so-called Brimage plea subject to mandatory sentencing guidelines. See N.J.S.A. 2C:35-12; State v. Brimage , 153 N.J. 1 (1998). Defendant adds ...
docket: a5541-12
court: NJ Superior Court Appellate Division
decided: 2014-12-23
status: unpublished
citation:
Document Size: 52689
42 STATE OF NEW JERSEY v. JAMES M. DAVIS -- rank: 651
... an extended term. The judge, at sentencing, acknowledged pursuant to N.J.S.A. 2C:35-12 and N.J.S.A. 2C:43-6(f), based ... mandatory] 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 ... v. Brimage, 153 N.J. 1, 9 (1998)).] Pursuant to N.J.S.A. 2C:35-12, when a negotiated plea is entered, 'the court at sentencing ... count for possession with intent to distribute, and mindful of N.J.S.A. 2C:35-12, imposed the negotiated period of parole to be served concurrent ...
docket: a3480-20
court: NJ Superior Court Appellate Division
decided: 2023-10-02
status: Unpublished
citation:
Document Size: 47740
43 STATE OF NEW JERSEY v. KURT T. HARRIS -- rank: 651
... parole ineligibility under the Comprehensive Drug Reform Act pursuant to N.J.S.A. 2C:35-12. Cf. Revised Attorney General Guidelines for Negotiating Cases under N.J.S.A. 2C:35-12 (July 15, 2004) (prescribing periods of parole ineligibility based on ...
docket: a0202-19
court: NJ Superior Court Appellate Division
decided: 2020-03-31
status: Unpublished
citation:
Document Size: 39497
44 /usr/local/share/www/libweb/collections/courts/appellate/a5077-15a5078-15a5146-15a5147-15a5160-15.opn.html -- rank: 648
... 2C:35-7, was a 'lesser term of imprisonment' under N.J.S.A. 2C:35-12. Id. at 91-93. As John M. Cannel notes, '[S ...
docket:
court: NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size: 64436
45 STATE OF NEW JERSEY v. DERRICK D. GILLIAM -- rank: 648
... N.J.S.A. 2C:35-5b(3). Pursuant to N.J.S.A. 2C:35-12, the State agreed to recommend the court sentence defendant to ...
docket: a5886-12
court: New Jersey Superior Court Appellate Division
decided: 2015-09-21
status: Published
citation:
Document Size: 15474
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