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46 STATE OF NEW JERSEY v. JOHN I. GONZALEZ -- rank: 618

... the trial court to impose a specified lesser sentence. However, N.J.S.A. 2C:44-5(a)(2) provides that '[n]ot more than one sentence ... a matter of statutory interpretation. There is no indication that N.J.S.A. 2C:44-5(a)(2) is relevant when the State waives its right ...

docket:	a1214-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Unpublished
citation:
Document Size:	26816

47 STATE OF NEW JERSEY v. LEROY TUTT -- rank: 618

... quoting Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-5 at 1130 (2010)); N.J.S.A. 2C:44-5(b)(2). The purpose of gap-time credit is "to ...

docket:	a4042-12
court:	NJ Superior Court Appellate Division
decided:	2016-07-18
status:	unpublished
citation:
Document Size:	65563

48 /usr/local/share/www/libweb/collections/courts/supreme/a0062-14.opn.html -- rank: 616

... 65 (2014); see R. 3:21-4(g). Pursuant to N.J.S.A. 2C:44-5(a), when a defendant receives multiple sentences of imprisonment "for ... consecutively as the court determines at the time of sentence." N.J.S.A. 2C:44-5(a) does not state when consecutive or concurrent sentences are ... was guideline six was superseded by a 1993 amendment to N.J.S.A. 2C:44-5(a), which provides that there "shall be no overall outer ...

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49 /usr/local/share/www/libweb/collections/courts/appellate/a2965-18.opn.html -- rank: 613

... v. Yarbough, 100 N.J. 627, 643-44 (1985), and N.J.S.A. 2C:44-5(a). In this case, Lopez contends that the criminal restraint ...

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50 /usr/local/share/www/libweb/collections/courts/appellate/a5864-17.opn.html -- rank: 613

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .'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 and its use in other cases is limited. R. 1:36 ...

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51 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 613

... sentences for disorderly persons and petty disorderly persons offenses); and N.J.S.A. 2C:44-5 (defining requirements for sentences for multiple offenses). We do not ... findings concerning the imposition of sentences for multiple offenses under N.J.S.A. 2C:44-5(f). Affirmed in part, vacated in part, and remanded for ...

docket:	a4473-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Published
citation:
Document Size:	60650

52 STATE OF NEW JERSEY v. JEFFERY RICHARDSON -- rank: 609

... 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-4570 ...

docket:	a4570-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-03
status:	Unpublished
citation:
Document Size:	33977

53 STATE OF NEW JERSEY v. MARTIN DELVALLE -- rank: 609

... sentencing discretion.' Case, 220 N.J. at 65. Pursuant to N.J.S.A. 2C:44-5(a), when the court imposes multiple sentences of imprisonment for ... State v. Eisenman, 153 N.J. 462, 478 (1998) (citing N.J.S.A. 2C:44-5(a)). Like the statutory aggravating and mitigating factors, '[t]he ... State v. Carey, 168 N.J. 413, 422 (2001) (citing N.J.S.A. 2C:44- 5(a)). '[I]n determining whether sentences for separate offenses should ...

docket:	a5586-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	45724

54 State v. Donna L. Carreker -- rank: 607

... 1985); Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-5 (1999).     New Jersey’s statute is derived largely from section ...

docket:	a-95-00
court:	njsupreme
decided:	2002-05-14
status:
citation:	172 N.J. 100
Document Size:	44013

55 STATE OF NEW JERSEY v. JAMIE SPARKS -- rank: 607

... double-counting of an element of the crime of robbery. N.J.S.A. 2C:44-5(a) provides that when multiple sentences of imprisonment are imposed ...

docket:	a5388-11
court:	NJ Superior Court Appellate Division
decided:	2017-02-22
status:	unpublished
citation:
Document Size:	92644

56 /usr/local/share/www/libweb/collections/courts/appellate/a1423-18.opn.html -- rank: 605

... consecutive sentences.' Ibid. The State also directs our attention to N.J.S.A. 2C:44-5(h), which states that 'when a defendant is sentenced to ... fairness of the sentence, and the 'serious injustice' standard under N.J.S.A. 2C:44-5, 'we are compelled to remand this case for resentencing' because ... of the sentence imposed, and the 'serious injustice' standard under N.J.S.A. 2C:44-5. Affirmed in part, vacated in part, and remanded for resentencing ...

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57 STATE OF NEW JERSEY v. ERIC PATTERSON -- rank: 605

... to decide whether those sentences should run concurrently or consecutively. N.J.S.A. 2C:44-5(a)-(b). To promote sentencing uniformity while preserving a reasonable ...

docket:	a1875-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-13
status:	Unpublished
citation:
Document Size:	40482

58 STATE OF NEW JERSEY v. TRAVIS BURRIS -- rank: 605

... limit on the cumulation of consecutive sentences for multiple offenses." N.J.S.A. 2C:44-5. This archive is a service of Rutgers School of Law ...

docket:	a0666-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-11
status:	unpublished
citation:
Document Size:	107520

59 STATE OF NEW JERSEY v. RODNEY BULL -- rank: 603

... on appeal is that the second extended-term sentence violates N.J.S.A. 2C:44-5. We agree and vacate that sentence and remand for resentencing ... J.S.A. 2C:44-5a(2), b(1). II. N.J.S.A. 2C:44-5 states in pertinent part: a. Sentences of imprisonment for more ... the Court, for the first time, addressed the applicability of N.J.S.A. 2C:44-5(b)(1): Subsection b's plain language applies subsection a ... Id. at 520-21. Adhering to the plain meaning of N.J.S.A. 2C:44-5(b)(1), the Court held that it was legal error ... of the first sentence. By applying the plain language of N.J.S.A. 2C:44-5(b)(1), defendant's second extended-term sentence should not ... J. at 57. Likewise, the Court in Hudson merely interpreted N.J.S.A. 2C:44-5 and its application to multiple extended-term sentences. The ...

docket:	a5233-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	23691

60 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 600

... was guideline six was superseded by a 1993 amendment to N.J.S.A. 2C:44-5(a), which provides there "shall be no overall outer limit ...

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