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16 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 691

... 2d 535 , 544 (1983). As for the remaining counts, although N.J.S.A. 2C:44-5(a) provides in general terms for consecutive and concurrent sentences ...

docket:	A5387-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132364

17 STATE OF NEW JERSEY v. JOHN D. FITZGERALD -- rank: 691

... 2d 535 , 544 (1983). As for the remaining counts, although N.J.S.A. 2C:44-5(a) provides in general terms for consecutive and concurrent sentences ...

docket:	a6176-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132384

18 STATE OF NEW JERSEY v. PAULINO NJANGO -- rank: 689

... a pro se motion to correct an illegal sentence under N.J.S.A. 2C:44-5(h). On May 24, 2012, the trial court denied defendant ... motion. In its written decision, the trial court reasoned that N.J.S.A. 2C:44-5(h) was "inapplicable because of the plea you entered into ... a similar motion, arguing that his sentence was illegal under N.J.S.A. 2C:44-5.1. In an August 1, 2012 written decision, the trial ... on bail for crimes charged in the 2006 indictment and N.J.S.A. 2C:44-5(h) mandates that sentences for crimes committed while on bail ... the law and must be vacated. Additionally, defendant argues that N.J.S.A. 2C:44-5.1 requires a mandatory extended term where, as here, crimes ... 2005). Defendant first contends that his sentence is illegal under N.J.S.A. 2C:44-5.1(a), which provides in pertinent part: [a] person ...

docket:	a1400-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-14
status:	unpublished
citation:
Document Size:	23177

19 STATE OF NEW JERSEY VS. JAMES D. PENNINGTON -- rank: 685

... imposition of an extended life term was not permitted under N.J.S.A. 2C:44-5(b) because he was already serving an extended term arising ... Consequently, he argues, it was an illegal sentence. We agree. N.J.S.A. 2C:44-5(b), which governs sentences of imprisonment imposed at different times ... to subsection a. of this section . . . . The relevant section of N.J.S.A. 2C:44-5(a), which governs sentences for more than one offense, provides ... other things, that the second extended term was improper, citing N.J.S.A. 2C:44-5(a)(2). We rejected that argument and held that N.J.S.A. 2C:44-5(a)(2) "has no application . . . where extended terms are imposed ... notes, however, that our opinion in Reldan did not discuss N.J.S.A. 2C:44-5(b)(1), the statutory provision at issue here. In ...

docket:	A2637-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-21
status:	published
citation:	418 N.J. Super. 548 14 A.3d 790
Document Size:	34305

20 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 685

... 1(d) provides in pertinent part: Notwithstanding the provisions of N.J.S.A. 2C:44-5 or any other provision of law, the sentence imposed upon ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

21 /usr/local/share/www/libweb/collections/courts/supreme/a-7-18.opn.html -- rank: 681

... concluded that the aggravating factors outweighed the mitigating factors. Citing N.J.S.A. 2C:44-5, State v. Yarbough, 100 N.J. 627, 643-44 (1985 ... concluded that the aggravating factors outweighed the mitigating factors. Citing N.J.S.A. 2C:44-5, Yarbough, 100 N.J. at 643-44, and Carey, 168 ... ” Ibid. “With certain narrow exceptions,” ibid. (citing N.J.S.A. 2C:44-5(b)(3), (c), (h)), “[t]he Code simply states ... sentence,’” Carey, 168 N.J. at 422 (quoting N.J.S.A. 2C:44-5(a)). This Court “recognized early on that investing unbridled ... and consecutive terms. L. 1993, c. 223, § 1; see N.J.S.A. 2C:44-5(a) (providing that “[t]here shall be no overall ... one been provided.”). There is no such language in N.J.S.A. 2C:44-5 or our case law. When the Court held in ...

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22 State v. Edgar Torres -- rank: 681

... the court determines at the time of sentence.” See N.J.S.A. 2C:44-5. The Legislature nonetheless made it clear that a paramount goal ... consecutive sentences, was expressly disapproved by the Legislature, which amended N.J.S.A. 2C:44-5(a) in 1993 to clarify that “[t]here shall ... concurrent/consecutive decision within the discretion of the sentencing court. N.J.S.A. 2C:44-5(a) states only that “multiple sentences shall run concurrently ... narrow exceptions where statutory direction exists on this subject. See N.J.S.A. 2C:44-5(b)(3), -5(c), and -5(h). The Court in ... its enactment of the Code. See L. 1978, c. 95; N.J.S.A. 2C:44-5. The Legislature nonetheless made it clear that a “paramount ... expressly disapproved by the Legislature. In 1993, the Legislature amended N.J.S.A. 2C:44-5(a) to clarify that “[t]here shall be ...

docket:	a-52-19
court:	NJ Supreme Court
decided:	2021-05-11
status:
citation:
Document Size:	74693

23 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 676

... prosecuting attorney.' N.J.S.A. 2C:44-3. Moreover, ' N.J.S.A. 2C:44-5(a)(2) bars the imposition of a discretionary extended term ...

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24 STATE OF NEW JERSEY v. MANUEL MAYAS -- rank: 676

... 3(a).] However, only one extended term may be imposed, N.J.S.A. 2C:44-5(a)(2), and the court may not impose two extended ...

docket:	a5694-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	72166

25 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 676

... 3(a).] However, only one extended term may be imposed, N.J.S.A. 2C:44-5(a)(2), and the court may not impose two extended ...

docket:	a2227-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76421

26 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 676

... 3(a).] However, only one extended term may be imposed, N.J.S.A. 2C:44-5(a)(2), and the court may not impose two extended ...

docket:	a1331-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76420

27 State v. Keith V. Cuff -- rank: 672

... multiple sentences and case law interpreting and applying that statute. N.J.S.A. 2C:44-5(a) provides that “[w]hen multiple sentences of imprisonment ... longer part of the Yarbough inquiry because the Legislature amended N.J.S.A. 2C:44-5(a) to provide that “‘[t]here shall be ... third factor, see 100 N.J. at 644, nothing in N.J.S.A. 2C:44-5(a) or our case law compels such a result in ...

docket:	a-79-17
court:	NJ Supreme Court
decided:	2019-08-06
status:
citation:	--- A.3d ----
Document Size:	94982

28 STATE OF NEW JERSEY v. MICHAEL WASHINGTON -- rank: 665

... stands before the [c]ourt on that day . . . .' Pursuant to N.J.S.A. 2C:44-5(h), defense counsel argued the judge should impose a concurrent ... specifically called for consecutive sentences . . . to any sentence imposed under . . . N.J.S.A. 2C:44-5(h).' The judge acknowledged he could 'impose a non-consecutive ... ha[ve] discretion[,] . . . there are no facts which would overrule [N.J.S.A. 2C:44-5(h)] . . . and the second degree . . . possession' conviction from 2018 is ... Torres, 246 N.J. 246 (2021). A-2596-21 12 N.J.S.A. 2C:44-5(a). Judges are permitted to impose consecutive sentences after considering ... conduct by others.' This was a direct reference to the N.J.S.A. 2C:44-5(h), not N.J.S.A. 2C:44-1(a ...

docket:	a2596-21
court:	NJ Superior Court Appellate Division
decided:	2023-12-12
status:	Unpublished
citation:
Document Size:	35695

29 STATE OF NEW JERSEY v. ANGEL E. CESAR -- rank: 663

... at 644. This guideline was eliminated by an amendment to N.J.S.A. 2C:44-5(a) enacted in 1993. L. 1993, c. 223. A-0831 ...

docket:	a0831-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	69939

30 STATE OF NEW JERSEY v. DARYEL L. RAWLS -- rank: 659

... State v. Miller, 205 N.J. 109, 128 (2011); see N.J.S.A. 2C:44- 5(a). Judges are permitted to impose consecutive sentences where multiple ...

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