Search Rutgers Law Library N.J. Court Opinions

211 STATE OF NEW JERSEY v. C.B -- rank: 700

... The trial court found aggravating factors two, three, and nine, N.J.S.A. 2C:44-1(a)(2), (3) and (9), assigning 'maximum weight' to factors ... he gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2); and nine, the need for 8 The aggregate ... count eight into count seven. A-5090-17T4 41 deterrence, N.J.S.A. 2C:44-1(a)(9); and 'significant weight' to factor three, '[t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44- - 1(a)(3). He concluded the aggravating factors outweighed mitigating factor ... defendant has no history of prior delinquency or criminal activity[,]' N.J.S.A. 2C:44-1(b)(7), to which he assigned 'appropriate significant weight[.]' We ... in finding and weighing aggravating factors two, three, and nine, N.J.S.A. 2C:44-1(a)(2), (3) and (9), and engaged in impermissible ...

docket:	a5090-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-01
status:	Unpublished
citation:
Document Size:	87954

212 STATE OF NEW JERSEY v. CURTIS W. MILLER -- rank: 700

... sentencing hearing to account for the new youth mitigating circumstance, N.J.S.A. 2C:44- 1(b)(14), to make findings with respect to defendant's ... contends that the court should have found mitigating factor four, N.J.S.A. 2C:44-1(b)(4) (existence of 'substantial grounds tending to excuse or ... conduct, though failing to establish a defense'); mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) (the 'defendant's conduct was the result of circumstances unlikely to recur'); and mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (the 'character and attitude of the defendant indicate ... should not have given significant weight to aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the 'risk that the defendant will commit another offense'); aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the 'extent of the defendant's prior ...

docket:	a3777-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-26
status:	Unpublished
citation:
Document Size:	73806

213 STATE OF NEW JERSEY v. DONNALD LINDSEY -- rank: 700

... count nine. The court found the following aggravating factors: two, N.J.S.A. 2C:44-1(a)(2) ("gravity and seriousness of harm inflicted on the ... to . . . extreme youth"), based on B.T.'s youth; three, N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense ... would have been robbery if committed by an adult; six, N.J.S.A. 2C:44-1(a)(6) ("extent of the defendant's prior criminal record ... of weight" based on defendant's juvenile record; and nine, N.J.S.A. 2C:44-1(a)(9) ("need for deterring the defendant and others from ... of the mitigating factors and found the following applied: three, N.J.S.A. 2C:44-1(b)(3) ("defendant acted under a strong provocation"), inasmuch as the jury found passion/provocation; six, N.J.S.A. 2C:44-1(b)(6) ("defendant has compensated or will compensate the ...

docket:	a6303-11
court:	NJ Supreme Court
decided:	2015-08-20
status:
citation:
Document Size:	81459

214 STATE OF NEW JERSEY v. JEROME DAVIS -- rank: 700

... aggravating factors: three, the risk defendant would commit another crime, N.J.S.A. 2C:44-1(a)(3); six, defendant's prior criminal 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). She concluded the aggravating factors substantially outweighed the ... circumstances of his offense were unique and unlikely to recur, N.J.S.A. 2C:44-1(b)(8). She found 'the severe nature of this crime ... for mitigating factor eleven, that imprisonment would entail excessive hardship, N.J.S.A. 2C:44-1(b)(11), because he was in a wheelchair and '[b ... twelve, defendant's willingness to cooperate with law enforcement authorities, N.J.S.A. 2C:44- 1(b)(12). Apparently, defendant had offered to cooperate in ...

docket:	a5554-18
court:	NJ Superior Court Appellate Division
decided:	2023-10-30
status:	Unpublished
citation:
Document Size:	100125

215 STATE OF NEW JERSEY v. KHALIF PADEN -- rank: 700

... excessive because the court did not consider mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), and because of the disparity in his sentence ... guidelines and its findings of aggravating and mitigating factors under N.J.S.A. 2C:44-1 are supported by credible evidence in the record. Moreover, the ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). The pre-sentence investigation report reflected that defendant ...

docket:	a4278-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-14
status:	unpublished
citation:
Document Size:	53562

216 STATE OF NEW JERSEY V. GERALD HILL-WHITE -- rank: 700

... their vulnerability, and the heinous nature of the crime. See N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm). The crime was ...

docket:	a1486-15
court:	NJ Superior Court Appellate Division
decided:	2018-08-10
status:
citation:	456 N.J.Super. 1 191 A.3d 688
Document Size:	54966

217 1STATE OF NEW JERSEY v. DONNALD LINDSEY -- rank: 700

... count nine. The court found the following aggravating factors: two, N.J.S.A. 2C:44-1(a)(2) ("gravity and seriousness of harm inflicted on the ... to . . . extreme youth"), based on B.T.'s youth; three, N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense ... would have been robbery if committed by an adult; six, N.J.S.A. 2C:44-1(a)(6) ("extent of the defendant's prior criminal record ... of weight" based on defendant's juvenile record; and nine, N.J.S.A. 2C:44-1(a)(9) ("need for deterring the defendant and others from ... of the mitigating factors and found the following applied: three, N.J.S.A. 2C:44-1(b)(3) ("defendant acted under a strong provocation"), inasmuch as the jury found passion/provocation; six, N.J.S.A. 2C:44-1(b)(6) ("defendant has compensated or will compensate the ...

docket:	a6303-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-20
status:	Published
citation:
Document Size:	81019

218 STATE OF NEW JERSEY v. D.W.S. -- rank: 700

... court downgraded the sentence to the third-degree range, see N.J.S.A. 2C:44-1(f)(2), and then imposed a sentence of three years ... imprisonment and other conditions, notwithstanding the presumption of incarceration. See N.J.S.A. 2C:44-1(d). The State does not challenge the court's decision ... his daughter. The court found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) (risk of reoffending) and -1(a)(9) (need ... State's suggestion that the court also find factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); two, -1 ... find factor six. The court also found mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate his conduct would cause ... in departing from the presumption of imprisonment otherwise required by N.J.S.A. 2C:44-1(d), the court stated: In weighing the aggravating and ...

docket:	a0502-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-24
status:	unpublished
citation:
Document Size:	35870

219 STATE OF NEW JERSEY v. AQUIL MALIK -- rank: 698

... injustice overriding any . . . need to deter conduct by others,' citing N.J.S.A. 2C:44-1(d). We review sentencing determinations with a deferential standard, see ... 5 5 The mitigating factors at issue, set forth in N.J.S.A. 2C:44-1(b), are: (2) The defendant did not contemplate that his ... it found a risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3) (aggravating factor three), based on defendant's arrest ... need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9), as aggravating factors; and that defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), as a mitigating factor. In light of the ... it declined to find the presumption of imprisonment was overcome. N.J.S.A. 2C:44-1(d).6 The record reflects the court's careful ...

docket:	a2683-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-10
status:	Unpublished
citation:
Document Size:	70493

220 /usr/local/share/www/libweb/collections/courts/supreme/a-56-57-21.opn.html -- rank: 698

... for all 6 The above principles derive, in part, from N.J.S.A. 2C:44-1(a)(1) to (2). We do not draw from the complete list of aggravating factors in N.J.S.A. 2C:44- 1(a). 7 We decline to impose a presumption of release ...

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221 STATE OF NEW JERSEY v. JULIAN MORALES a/k/a BIENGENID GUETIERRE a/k/a BENITO GUITERRES a/k/a BEN GUITERRES a/k/a BIENGENID GUTIERRES a/k/a DAGOBERTO R POZO a/k/a BEN GUTIERRES a/k/a JULIO HERNANDEZ -- rank: 698

... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(9). Moreover, the court expressly found that there was ... were sufficient to justify finding a serious criminal record under N.J.S.A. 2C:44-1(a)(6) without double-counting. See State v. McDonald , 209 ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1), (2). Here, the court supported aggravating factor one ...

docket:	a1704-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	45944

222 /usr/local/share/www/libweb/collections/courts/appellate/a3751-19.opn.html -- rank: 698

... sentencing. The judge found aggravating factors three (risk of reoffending), N.J.S.A. 2C:44-1(a)(3), and nine ('need for deterring defendant and others from violating the law'), N.J.S.A. 2C:44-1(a)(9). He also found the following mitigating factors: seven ... period of time before the commission of the present offense'), N.J.S.A. 2C:44-1(b)(7); nine ('defendant is unlikely to commit another offense'), N.J.S.A. 2C:44-1(b)(9); ten ('defendant is particularly likely to respond affirmatively to probationary treatment'), N.J.S.A. 2C:44-1(b)(10); and twelve (cooperation with law enforcement), N.J.S.A. 2C:44-1(b)(12). The judge did not place significant weight ...

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223 /usr/local/share/www/libweb/collections/courts/appellate/a5070-17.opn.html -- rank: 698

... sentencing hearing, the judge first considered aggravating factor number one, N.J.S.A. 2C:44-1(a)(1), the nature and circumstances of the A-5070 ... factor three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), applicable, noting defendant's 'extensive, and deterrable, prior ... arrests and four reported indictable convictions. A-5070-17T1 14 N.J.S.A. 2C:44-1(a)(6). The judge noted defendant's crimes had 'grown ... need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9), applicable. He 'afforded this factor great[] weight.' The ... murder charge. Defendant contends the application of aggravating factor one, N.J.S.A. 2C:44- 1(a)(1), was error as the evidence did not show ... 1(a)(6). Furthermore, the court found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), was applicable to defendant given his commission ...

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224 State of New Jersey v. Chris Thomas -- rank: 698

... sentence, the court found the presence of aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (“[t]he risk that the defendant will commit another offense”), and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (“[t]he need for deterring the defendant ... for the recidivism-based aggravating factors of three and nine, N.J.S.A. 2C:44-1(a) (3) and (9), because the court’s findings in ... alternative that although the aggravating factors of risk of recidivism, N.J.S.A. 2C:44-1(a)(3), the extent and seriousness of a defendant’s criminal record, N.J.S.A. 2C:44-1(a)(6) (asserted by the State but not found by the court), and the need for deterrence, N.J.S.A. 2C:44-1(a)(9), are related to prior-conviction evidence, each ...

docket:	a-43-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	78257

225 STATE OF NEW JERSEY v. RALPH BAKER -- rank: 696

... The court found the following aggravating factors applied: (1) one, N.J.S.A. 2C:44-1(a)(1) ('[t]he nature and circumstances of the offense ... beyond what was necessary to accomplish the robbery; (2) two, N.J.S.A. 2C:44-1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... had no ability to defend against this defendant;' (3) three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that defendant will commit another ... probation or parole; and A-2327-19 12 (4) nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... court rejected defendant's request to apply mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of the defendant ... of conviction indicates the court also found aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's ...

docket:	a2327-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-17
status:	Unpublished
citation:
Document Size:	38690