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61 STATE OF NEW JERSEY v. KALIL COOPER -- rank: 600

... street crime and the other for conspiracy to distribute CDS. N.J.S.A. 2C:44-5(a)(2) limits the number of extended terms a defendant ...

docket:	a4975-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-02
status:	Unpublished
citation:
Document Size:	64154

62 STATE OF NEW JERSEY v. JOSE M. ROSARIO -- rank: 600

... motion to dismiss count nine. 5 After the Yarbough decision, N.J.S.A. 2C:44-5(a) was amended to state that "there shall be no ...

docket:	a5161-09
court:	NJ Superior Court Appellate Division
decided:	2012-12-05
status:	unpublished
citation:
Document Size:	36351

63 STATE OF NEW JERSEY v. YUSEF STEELE -- rank: 600

... PRE[]VIOUS EXTENDED[-]TERM SENTENCE THE SAME COURT IMPOSED VIOLATING [ N.J.S.A. ] 2C:44-5(a) 2 AND 2 C:44-5(b)1 MAKING ...

docket:	a4044-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	42689

64 STATE OF NEW JERSEY v. WILLIAM O'BRIEN -- rank: 598

... L. Ed.2d 308 (1986), superseded in part by statute , N.J.S.A. 2C:44-5. 7 We disagree. The Court designed the Yarbough guidelines "to ... the sentences, the judge noted: As to Yarbough , pursuant to [ N.J.S.A. ] 2C:44-5, the [c]ourt makes the following findings. First, that these ...

docket:	a1422-08
court:	NJ Superior Court Appellate Division
decided:	2013-01-10
status:	unpublished
citation:
Document Size:	48014

65 STATE OF NEW JERSEY v. RAHYIM WASHINGTON -- rank: 598

... A-2522-19 previous convictions. This circumstance is governed by N.J.S.A. 2C:44-5(h),6 which states: When a defendant is sentenced to ... released pending disposition of the previous crimes for purposes of N.J.S.A. 2C:44-5(h). In Torres, our Supreme Court held that 'an explanation ... involve the statutory presumption of consecutive sentences that arises under N.J.S.A. 2C:44-5(h) and applies in the matter before us. Rather, 6 ... the judge nor the prosecutor cited to or relied upon N.J.S.A. 2C:44-5(h). 17 A-2522-19 the 'overall fairness' standard in ... as altering the strict presumption of consecutive sentences required by N.J.S.A. 2C:44-5(h). We therefore conclude there is no need to remand ...

docket:	a2522-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-18
status:	Unpublished
citation:
Document Size:	35945

66 State v. Paulino Njango -- rank: 596

... should have imposed consecutive sentences rather than concurrent sentences under N.J.S.A. 2C:44-5(h). The trial court found the statute inapplicable in light ... should have imposed consecutive sentences rather than concurrent sentences under N.J.S.A. 2C:44-5(h). That statute provides that when a defendant commits an ... overrides the need to deter such conduct by others.” N.J.S.A. 2C:44- 5(h). The trial court found the statute inapplicable because Njango� ...

docket:	a-79-19
court:	NJ Supreme Court
decided:	2021-08-03
status:
citation:
Document Size:	50035

67 /usr/local/share/www/libweb/collections/courts/supreme/a2803-14.opn.html -- rank: 596

... Div.) (citations omitted), certif. denied , 156 N.J. 407 (1998).] N.J.S.A. 2C:44-5(a) states "[w]hen multiple sentences of imprisonment are imposed ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36143

68 /usr/local/share/www/libweb/collections/courts/appellate/a0850-18.opn.html -- rank: 594

... extended-term sentence, 'was 'in custody' within the meaning of [ N.J.S.A.] 2C:44-5(b) when he committed the second offense' and 'thus not ... custody' as that term was understood by the drafters of [ N.J.S.A.] 2C:44-5(b), and therefore that his second extended-term sentence was ... of the term being ''in custody.'' Id. at 220 (quoting N.J.S.A. 2C:44-5(b)). We explained that '[a]lthough there [was] no disputing ... j]ust because the phrase 'in custody' appears in both N.J.S.A. 2C:44-5(b) and in Rule 3:21-8 does not mean ...

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Document Size:	85204

69 STATE OF NEW JERSEY v. JHON YEBES -- rank: 592

... matter, specify when prison terms should run concurrently or consecutively. N.J.S.A. 2C:44-5(a) simply states that "multiple sentences shall run concurrently or ... mitigating factors, were found. 9 In 1993, the Legislature amended N.J.S.A. 2C:44-5(a) to provide "[t]here shall be no overall outer ...

docket:	a2163-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55180

70 STATE OF NEW JERSEY v. ZAMAIRE BARDEN -- rank: 592

... since defendant ultimately received the lowest sentence for that crime. N.J.S.A. 2C:44-5(a) provides that when multiple sentences are imposed, these sentences ...

docket:	a3409-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-25
status:	Unpublished
citation:
Document Size:	82128

71 STATE OF NEW JERSEY v. JHON YEBES -- rank: 592

... matter, specify when prison terms should run concurrently or consecutively. N.J.S.A. 2C:44-5(a) simply states that "multiple sentences shall run concurrently or ... mitigating factors, were found. 9 In 1993, the Legislature amended N.J.S.A. 2C:44-5(a) to provide "[t]here shall be no overall outer ...

docket:	a2098-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55180

72 STATE OF NEW JERSEY v. JHON YEBES -- rank: 592

... matter, specify when prison terms should run concurrently or consecutively. N.J.S.A. 2C:44-5(a) simply states that "multiple sentences shall run concurrently or ... mitigating factors, were found. 9 In 1993, the Legislature amended N.J.S.A. 2C:44-5(a) to provide "[t]here shall be no overall outer ...

docket:	a3331-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-06
status:	unpublished
citation:
Document Size:	55182

73 STATE OF NEW JERSEY v. TONIJAH CRISS -- rank: 589

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-4145-10T2 A-4986-10T2 STATE OF NEW JERSEY, A-5322-10T2 A-1345-11T2 Plaintiff-Respondent, v ...

docket:	a4986-10
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288683

74 STATE OF NEW JERSEY v. TONIJAH CRISS -- rank: 589

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-4145-10T2 A-4986-10T2 STATE OF NEW JERSEY, A-5322-10T2 A-1345-11T2 Plaintiff-Respondent, v ...

docket:	a4145-10
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288683

75 STATE OF NEW JERSEY v. TONIJAH CRISS -- rank: 589

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished .) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 A-4145-10T2 A-4986-10T2 STATE OF NEW JERSEY, A-5322-10T2 A-1345-11T2 Plaintiff-Respondent, v ...

docket:	a3424-10
court:	NJ Superior Court Appellate Division
decided:	2015-03-03
status:	unpublished
citation:
Document Size:	288683