Search Rutgers Law Library N.J. Court Opinions

91 STATE OF NEW JERSEY v. SADIQUA N. MITCHELL -- rank: 506

... agreed to waive the mandatory minimum term of imprisonment under N.J.S.A. 2C:35-12, recommended a probationary term, and indicated it would not waive ... A. 2C:35-7 – which can be waived under N.J.S.A. 2C:35-12 – and mandatory sentencing statutes, which do not permit judicial ...

docket:	a1913-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-24
status:	Unpublished
citation:
Document Size:	17447

92 STATE OF NEW JERSEY v. RICHARD NELLOM, -- rank: 503

... subsequently held that a defendant's negotiated guilty plea, under N.J.S.A. 2C:35-12, to a violation of N.J.S.A. 2C:35 ...

docket:	a6393-00
court:	njappellate
decided:	2002-10-24
status:	published
citation:	354 N.J. Super. 485
Document Size:	18783

93 STATE OF NEW JERSEY v. MATTHEW NOBLES -- rank: 498

... 2004-2, Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 , at 9. Defendant argued plea counsel was ineffective for not ... for the offenses with which he was charged. While under N.J.S.A. 2C:35-12, a prosecutor is permitted to waive a mandatory sentence, the ...

docket:	a2168-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-09
status:	unpublished
citation:
Document Size:	14645

94 STATE OF NEW JERSEY v. DAVID P. GANLEY -- rank: 498

... 2004-2, Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 ( Brimage Guidelines 2 ) are employed to calculate plea offers in ...

docket:	a2781-06
court:	NJ Superior Court Appellate Division
decided:	2008-08-05
status:	unpublished
citation:
Document Size:	38707

95 STATE OF NEW JERSEY v. DALE KELLY -- rank: 491

... offense under the Comprehensive Drug Reform Act, as permitted by N.J.S.A. 2C:35-12, was arbitrary and capricious. A prosecutor's decision not to ...

docket:	A1981-04
court:	NJ Superior Court Appellate Division
decided:	2006-06-13
status:	unpublished
citation:
Document Size:	52005

96 STATE OF NEW JERSEY v. LLOYD A. FISHER -- rank: 488

... plea agreements based upon a prosecutor's plea offer under N.J.S.A. 2C:35-12, which requires a judge to impose statutorily mandated minimum term ... Brimage only applies to school zone offenses." Defendant is mistaken. N.J.S.A. 2C:35-12 applies "[w]henever an offense defined in this chapter specifies ...

docket:	a4281-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-11
status:	unpublished
citation:
Document Size:	28910

97 STATE OF NEW JERSEY v. JOHNEL D. DUNLAP -- rank: 485

... a plea agreement could the mandatory sentence be waived. See N.J.S.A. 2C:35-12. Therefore, defendant's ability to plead guilty and to be ...

docket:	a0395-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-28
status:	Unpublished
citation:
Document Size:	21497

98 STATE OF NEW JERSEY VS ANTHONY POWELL -- rank: 480

... waive all or part of the parole disqualifier, pursuant to N.J.S.A. 2C:35-12. See State v. Vasquez , 129 N.J. 189 , 196 (1992 ... Vasquez . In that case, the Supreme Court held that because N.J.S.A. 2C:35-12 vests sentencing power in the prosecutor, the prosecutor "should state ...

docket:	a5997-93
court:	njappellate
decided:	1996-11-06
status:	published
citation:	294 N.J.Super. 557
Document Size:	25465

99 STATE OF NEW JERSEY v. VICTOR CYRUS -- rank: 475

... waive that sanction in accordance with the Brimage guidelines. See N.J.S.A. 2C:35-12; N.J.S.A. 2C:43-6f; N.J.S ...

docket:	a3068-08
court:	NJ Superior Court Appellate Division
decided:	2010-12-06
status:
citation:
Document Size:	37740

100 State v. Shawn Fowlkes a/k/a Shawn Ward, etc. -- rank: 475

... May 20, 1998. Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (May 20, 1998) (Brimage Guidelines). Also, the Attorney General directed ...

docket:	a-31-00
court:	njsupreme
decided:	2001-06-26
status:
citation:	169 N.J. 387
Document Size:	34534

101 STATE OF NEW JERSEY v. MICHAEL HILL -- rank: 470

... not the obligation to offer a post-conviction plea agreement. N.J.S.A. 2C:35-12. Defendant makes no argument to demonstrate that a proper exercise ...

docket:	a5013-04
court:	njappellate
decided:	2006-06-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	38010

102 STATE OF NEW JERSEY v. JIDON ROGERS -- rank: 468

... State and defendant agree that the judge mistakenly believed that N.J.S.A. 2C:35-12 required him to sentence defendant to the term recommended by ...

docket:	A1054-06
court:	NJ Superior Court Appellate Division
decided:	2007-09-10
status:	unpublished
citation:
Document Size:	35892

103 STATE OF NEW JERSEY v. JAVAN FOWLER -- rank: 463

... have to be imposed on a second degree pursuant to [ N.J.S.A. 2C:]35- 12 I believe is the 60 -month period of parole ineligibility ...

docket:	a2126-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-08
status:	unpublished
citation:
Document Size:	53355

104 STATE OF NEW JERSEY v. NARCISCO RAMIREZ -- rank: 458

... S.A. 2C:35-3, which, except as provided by N.J.S.A. 2C:35-12, is mandatorily punishable by an ordinary term sentence of life ... disqualifier. Pursuant to a plea agreement, invoking the authority of N.J.S.A. 2C:35-12, the prosecutor waived those mandatory sentencing provisions, and recommended a ...

docket:	a2583-09
court:	NJ Superior Court Appellate Division
decided:	2011-06-06
status:	unpublished
citation:
Document Size:	17976

105 STATE OF NEW JERSEY v. SHAWN T. McGRAW -- rank: 445

... to the plea agreement, which was negotiated in accordance with N.J.S.A. 2C:35-12 and the Brimage 2 guidelines. In view of these circumstances ...

docket:	a2877-09
court:	NJ Superior Court Appellate Division
decided:	2011-05-27
status:	unpublished
citation:
Document Size:	15974