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241 STATE OF NEW JERSEY v. CARL JONES -- rank: 693

... he complains that the trial court found aggravating factor one, N.J.S.A. 2C:44-1(a)(1), applicable. He also challenges the imposition of a ... dark of night – was 'especially heinous, cruel, or depraved.' N.J.S.A. 2C:44-1(a)(1). The other aggravating factors identified by the court ...

docket:	a1994-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	103248

242 STATE OF NEW JERSEY v. CARLOS SIERRA -- rank: 691

... current offenses; and the need to deter defendant and others. N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge then found, as a ... that imprisonment would entail hardship for defendant and his child. N.J.S.A. 2C:44-1(b)(11). Under these circumstances, the judge reasonably found that ...

docket:	a2465-11
court:	NJ Superior Court Appellate Division
decided:	2014-02-12
status:	unpublished
citation:
Document Size:	37491

243 STATE OF NEW JERSEY v. C.E.L. -- rank: 691

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.'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 ...

docket:	a5783-13
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	142423

244 STATE OF NEW JERSEY v. STEVEN J. BRIZAK -- rank: 691

... to cause serious harm. The judge rejected the argument reasoning N.J.S.A. 2C:44-1(f)(2) was inapplicable, and found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), and mitigating factors seven and nine, N.J.S.A. 2C:44-1(b)(7) and (9). The judge sentenced defendant to concurrent ... 3431-20 3 We concluded the judge's finding regarding N.J.S.A. 2C:44-1(f)(2) 'was an incorrect statement of the applicable law ... term appropriate for a second-degree offense as permitted by N.J.S.A. 2C:44-1[(f)](2).' Ibid. At resentencing, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), and nine, N.J.S.A. 2C: ...

docket:	a3431-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-16
status:	Unpublished
citation:
Document Size:	28400

245 STATE OF NEW JERSEY v. LUIS A. SANTIAGO, JR -- rank: 691

... or arrests. The judge found mitigating factor seven applied. See N.J.S.A. 2C:44-1(b)(7) (lack of prior delinquency or criminal activity). However ... nine applied, and they substantially outweighed the mitigating factor. See N.J.S.A. 2C:44-1(a)(2) ("the gravity and seriousness of harm inflicted on ... aggravating factor two; failed to find mitigating factor four, see N.J.S.A. 2C:44-1(b)(4) ("There were substantial grounds tending to excuse or ... at the time of the crime." Id. at 611 (citing N.J.S.A. 2C:44-1(a)(2)). Here, the physical and psychological harm the attack ...

docket:	a2776-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-28
status:	unpublished
citation:
Document Size:	60032

246 STATE OF NEW JERSEY VS. GABRIEL MERCADO -- rank: 691

... two mitigating factors applied. The court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the crime); two, N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of the crime); 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). The court highlighted defendant ... but gave weight to only two of them, factor seven, N.J.S.A. 2C:44-1(b)(7) (the defendant has no history of prior delinquency or criminal activity) and factor fourteen, N.J.S.A. 2C:44-1(b)(14) (the defendant was under twenty-six years ...

docket:	a0600-21
court:	appellate
decided:	2024-03-27
status:	Unpublished
citation:
Document Size:	44394

247 STATE OF NEW JERSEY v. ALVIN TAYLOR -- rank: 691

... guidelines or that the findings of aggravating and mitigating factors, N.J.S.A. 2C:44-1(a)-(b), were not based upon competent credible evidence in ... factors three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior criminal ... seriousness of the offenses of which defendant has been convicted, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). No mitigating factors were found. A court may ...

docket:	a5466-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-08
status:	Unpublished
citation:
Document Size:	64050

248 STATE OF NEW JERSEY v. ANTHONY M. GRAZIANO -- rank: 691

... defendant, the judge considered the aggravating and mitigating factors. See N.J.S.A. 2C:44-1(a) and (b). The judge found aggravating factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), and mitigating factor seven, the lack of a criminal history, N.J.S.A. 2C:44-1(b)(7). Pointing out that fortunately defendant's conduct caused ... commission of the crime, age is a mitigating factor. See N.J.S.A. 2C:44-1(b)(14). That new mitigating factor, however, applies prospectively and ...

docket:	a0686-17
court:	NJ Superior Court Appellate Division
decided:	2021-04-15
status:	Unpublished
citation:
Document Size:	42257

249 STATE OF NEW JERSEY v. MARK P. MCCAFFREY -- rank: 691

... arguing the judge erred in not finding mitigating factor five, N.J.S.A. 2C:44-1(b)(5), based on 'one, or both, victims facilitat[ing ... inflicted on the victims, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('risk that . . . defendant will commit another offense'), and nine, N.J.S.A. 2C:44-1(a)(9) ('need for deterring . . . defendant and others from violating ... defendant had 'four children,' the judge found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) ('imprisonment of . . . defendant would entail excessive hardship to ... defendant's arguments regarding the applicability of mitigating factors three, N.J.S.A. 2C:44-1(b)(3) ('defendant acted under a strong provocation'); four, N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to ...

docket:	a0313-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-18
status:	Unpublished
citation:
Document Size:	63382

250 STATE OF NEW JERSEY v. JOHN J. GUTIERREZ -- rank: 691

... regarding the applicability of the statutory aggravating and mitigating charges, N.J.S.A. 2C:44-1(a) and (b), as well as defendant's request to ... range for his second-degree conviction of aggravated assault. See N.J.S.A. 2C:44-1(f)(2); State v. Megargel, 143 N.J. 484, 487 ... concluding that the only aggravating factor it found, number nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... law'), outweighed the only mitigating factor it found, number seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... The State also argued for application of aggravating factors two, N.J.S.A. 2C:44-1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... offense was particularly vulnerable or incapable of resistance . . . .'); and six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant’s ...

docket:	a3002-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-05
status:	Unpublished
citation:
Document Size:	40639

251 STATE OF NEW JERSEY v. FUQUAN HOBGEN -- rank: 691

... property in 2014. The trial court found 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 criminal ... of which he has been convicted'); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the 'need for deterring the defendant and others ... carefully examined the mitigating circumstances and found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (the 'defendant has compensated or will compensate the ... of community service'); mitigating A-3501-19 34 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 ...

docket:	a3501-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-01
status:	Unpublished
citation:
Document Size:	63514

252 STATE OF NEW JERSEY v. TRAVIS J. MIDDLEBROOKS -- rank: 689

... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of the defendant ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44- - 1(a)(6); and nine, the need for deterring the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found these aggravating factors applicable, after ... defendant would entail excessive hardship to himself or his dependents.' N.J.S.A. 2C:44-1(b)(11). Our review of a court's sentencing decision ...

docket:	a0651-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	50196

253 STATE OF NEW JERSEY v. NAHOMI COLLAZO -- rank: 689

... excessive hardship to the defendant or the defendant's dependents'), N.J.S.A. 2C:44-1(b)(11), and twelve ('willingness of the defendant to cooperate with law enforcement'), N.J.S.A. 2C:44-1(b)(12), and concluded that the mitigating factors 'clearly and ... degree lower than those she was convicted of, pursuant to N.J.S.A. 2C:44-1(f)(2). 'Appellate review of sentencing decisions is relatively narrow ... aggravating or mitigating factors found by the trial judge under N.J.S.A. 2C:44-1 are based upon sufficient credible evidence in the record. State ... likelihood that the defendant is involved in organized criminal activity'), N.J.S.A. 2C:44-1(a)(5). It based this finding on the facts that ... for deterring the defendant and others from violating the law'), N.J.S.A. 2C:44-1(a)(9), stating that because there was 'a lot ...

docket:	a1542-19
court:	NJ Superior Court Appellate Division
decided:	2022-11-18
status:	Unpublished
citation:
Document Size:	58044

254 STATE OF NEW JERSEY v. DEWAN DENNIS -- rank: 689

... were present: the risk that defendants will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendants’ prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge further determined that Barnes' youth was the only pertinent mitigating factor. N.J.S.A. 2C:44-1(b)(13). As a result, the aggravating factors "clearly and ... were present: the risk that Barnes will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J. ...

docket:	a1055-07
court:	New Jersey Superior Court Appellate Division
decided:	2005-05-05
status:	Published
citation:
Document Size:	100692

255 /usr/local/share/www/libweb/collections/courts/appellate/a3110-20.opn.html -- rank: 689

... found aggravating factors three, six, nine, twelve, and thirteen. See N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'); N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... of the offenses of which the defendant has been convicted'); N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and others from violating the law'); N.J.S.A. 2C:44-1(a)(12) ('[t]he defendant committed the offense against a ... should have known was [sixty] years of age or older'); N.J.S.A. 2C:44-1(a)(13) ('[t]he A-3110-20 3 defendant, while ... mitigation, the judge found mitigating factors six and twelve. See N.J.S.A. 2C:44-1(b)(6) ('[t]he defendant has compensated or will ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	20972