Search Rutgers Law Library N.J. Court Opinions

151 /usr/local/share/www/libweb/collections/courts/appellate/a4021-14a4026-14.opn.html -- rank: 718

... judge stated his findings regarding applicable aggravating and mitigating factors. N.J.S.A. 2C:44-1(a), (b). He applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk of re-offense, and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. In doing so, the ... nine, was required. The judge also imposed aggravating factor thirteen, N.J.S.A. 2C:44-1(a)(13), providing 'defendant, while in the course of committing ...

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court:	NJ Superior Court Law/Chancery Division
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152 State v. David Chavies -- rank: 718

... offense; and nine, the need to deter future offenses. See N.J.S.A. 2C:44-1(a)(3), (6), (9). The court found no mitigating factors ... such mitigating factor is, of course, excessive hardship to defendant, N.J.S.A. 2C:44-1(b)(11), which imposition of a minimum term. The minimum ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
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Document Size:	75948

153 STATE OF NEW JERSEY, V. ENOC PIMENTEL -- rank: 718

... of the sentence, the judge found applicable aggravating factors three, N.J.S.A. 2C:44-1(a)(3), six, N.J.S.A. 2C:44-1(a)(6), and nine, N.J.S.A. 2C:44-1(a)(9). Aggravating factor three applied 'based upon just the ... A-2814-17T2 The judge also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), and ten, N.J.S.A. 2C:44-1(b)(10), applied because defendant had shown, 'a substantial period ... for first time offenders of fourth-degree crimes codified in N.J.S.A. 2C:44-1, defendant argues that the statute's mandatory 180-day ...

docket:	a2814-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Published
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Document Size:	56489

154 /usr/local/share/www/libweb/collections/courts/appellate/a5935-17.opn.html -- rank: 718

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), six, the nature and extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6), and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9); found no mitigating factors, see generally N.J.S.A. 2C:44-1(b)(1) to (14); and determined the aggravating factors substantially ...

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155 STATE OF NEW JERSEY v. DARYEL L. RAWLS -- rank: 718

... court improperly applied aggravating factors three (risk of re-offense), N.J.S.A. 2C:44-1(a)(3), and six (prior criminal record), A-4838-18 35 N.J.S.A. 2C:44-1(a)(6). He further asserts the court improperly 'double- counted' when applying aggravating factor nine (need to deter), N.J.S.A. 2C:44- 1(a)(9), when it stated defendant's actions took 'a ... eight, (conduct was the result of circumstances unlikely to recur), N.J.S.A. 2C:44-1(b)(8), improperly used his substance abuse problem against him ... evaluation mitigating factor ten (likely to respond to probationary treatment), N.J.S.A. 2C:44-1(b)(10), and eleven, (imprisonment would entail excessive hardship to dependents), N.J.S.A. 2C:44-1(b)(11). Defendant also argues as to mitigating factor ...

docket:	a4838-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-02
status:	Unpublished
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Document Size:	82009

156 STATE OF NEW JERSEY v. TERRELL HAYWOOD -- rank: 718

... of any mitigating factors. The judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offenses); three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... the trial court failed to properly find and weigh the N.J.S.A. 2C:44-1 factors and to explain its reasoning for imposing consecutive sentences ... to support the judge's findings on aggravating factors one, N.J.S.A. 2C:44-1(a)(1), three N.J.S.A. 2C:44- ...

docket:	a3074-17
court:	NJ Superior Court Appellate Division
decided:	2020-10-30
status:	Unpublished
citation:
Document Size:	86611

157 STATE OF NEW JERSEY v. MIGUEL L. CAMARA -- rank: 715

... particularly vulnerable or incapable of resistance due to . . . extreme youth,' N.J.S.A. 2C:44-1(a)(2), would constitute improper 'double counting.' Defense counsel argued ... period of time before the commission of the present offense,' N.J.S.A. 2C:44-1(b)(7), should be applied and aggravating factor six, '[t ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6), should be rejected because defendant 'had a single ... was committed in an especially heinous, cruel, or depraved manner,' N.J.S.A. 2C:44-1(a)(1), two, three, '[t]he risk that defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), six, nine, '[t]he need for deterring defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9), fourteen, '[t]he offense involved an act ...

docket:	a0891-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-16
status:	Unpublished
citation:
Document Size:	37855

158 /usr/local/share/www/libweb/collections/courts/appellate/a3723-17.opn.html -- rank: 715

... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1(a)(1), applied because '[t]he victim was a total ... also found aggravating factors three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); five, the likelihood of defendant's involvement in organized crime, N.J.S.A. 2C:44-1(a)(5); six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The sentencing court adequately identified the facts supporting ... imprisonment would be a hardship on defendant's minor child, N.J.S.A. 2C:44-1(b)(11). The court then found that the aggravating ...

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159 STATE OF NEW JERSEY v. WEEDJY J. MILIEN -- rank: 715

... at 364–65. The trial judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense') and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... mitigating factors, the trial judge only found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) ('Imprisonment of the defendant would entail excessive hardship ... but rejected defendant's request to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) ('The defendant has no history of prior delinquency ... of time before the commission of the present offense.'); eight, N.J.S.A. 2C:44-1(b)(8) ('The defendant's conduct was the result of circumstances unlikely to recur.'); nine, N.J.S.A. 2C:44-1(b)(9) ('The character and attitude of the defendant ...

docket:	a4875-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	58762

160 STATE OF NEW JERSEY v. AARON LAMBERT -- rank: 715

... defendant to the presumption of imprisonment under subsection d. of [ N.J.S.A. ] 2C:44-1. The determination by the court shall not be subject to ...

docket:	a1483-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-16
status:	unpublished
citation:
Document Size:	64351

161 STATE OF NEW JERSEY v. JOHN A. VICARI -- rank: 713

... the first consideration is the presumption of incarceration, stated in N.J.S.A. 2C:44-1(d). 7 See Nance , supra , 228 N.J. at 395-96. ("We construe section 6.2 and N.J.S.A. 2C:44-1(d) so as to harmonize the two components of the ... higher burden. Importantly, the serious injustice standard is found in N.J.S.A. 2C:44-1(d), which we noted above presumptively imposes incarceration for conviction ... circumstances."). The Supreme Court has recently reviewed the interrelationship of N.J.S.A. 2C:44-1(d) and Section 6.2. See Nance , supra , 228 N.J. at 396. Noting N.J.S.A. 2C:44-1(d) "imposes a high standard that must be overcome before ... court clarified the need to "harmonize" Section 6.2 and N.J.S.A. 2C:44-1(d) as "two components of the Code's sentencing ...

docket:	a3887-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-06
status:	unpublished
citation:
Document Size:	51356

162 STATE OF NEW JERSEY v. JAMEL LEWIS -- rank: 713

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:	a2411-15
court:	NJ Superior Court Appellate Division
decided:	2019-01-07
status:	Unpublished
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Document Size:	117675

163 STATE OF NEW JERSEY v. JASON A. DOTTS, III -- rank: 713

... known was sixty years of age or older, or disabled), N.J.S.A. 2C:44-1(a)(2), (3),(6) (9) and (12), applied to each ... vulnerability of the victim. However, these factors are not identical. N.J.S.A. 2C:44-1(a)(2) refers to a victim's injuries, in part ... vulnerable or incapable of resistance due to . . . ill-health.' But N.J.S.A. 2C:44- 1(a)(12) is applicable when the defendant 'knew or should ... he was entitled to a finding of mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12); this was not the case for James, who ...

docket:	a4830-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-01
status:	Unpublished
citation:
Document Size:	97873

164 STATE OF NEW JERSEY v. ROBERT SMALL -- rank: 713

... four aggravating factors: the nature and seriousness of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal history, N.J.S.A. 2C:44-1(a)(6); and the need to deter, N.J.S.A. 2C:44-1(a)(9), and no factors in mitigation. The court imposed ... record. Defendant avers that the court double-counted aggravating factor N.J.S.A. 2C:44-1(a)(1) because the attempt to inflict a fatal wound ... entail excessive hardship to himself, the mitigating factor embodied in N.J.S.A. 2C:44-1(b)(11). The court addressed this consideration as well, ...

docket:	a3552-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-07
status:	unpublished
citation:
Document Size:	76694

165 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 711

... judge stated his findings regarding applicable aggravating and mitigating factors. N.J.S.A. 2C:44-1(a), (b). He applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk of re-offense, and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. In doing so, the ... nine, was required. The judge also imposed aggravating factor thirteen, N.J.S.A. 2C:44-1(a)(13), providing "defendant, while in the course of committing ...

docket:	a4021-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	101230