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121 STATE OF NEW JERSEY v. HAL C. HVIDSTEN -- rank: 660

... A FORMAL APPLICATION FOR AN EXTENDED TERM AS REQUIRED BY N.J.S.A. 2C:43-6(f), DEFENDANT-PETITIONER WAS GIVEN AN ILLEGAL SENTENCE. POINT II ... A FORMAL APPLICATION FOR AN EXTENDED TERM AS REQUIRED BY N.J.S.A. 2C:43-6[(f)] WAS VIOLATED. POINT II THE ORDER DENYING POST-CONVICTION ... term eight-year custodial sentence imposed by the court under N.J.S.A. 2C:43-6(f) is illegal because the State failed to make a ... permissible sentencing range for a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:43-7 because ... an application for an extended-term sentence as required by N.J.S.A. 2C:43-6(f). "[A] sentence may not be in accordance with law ... a motion for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6(f) shall be filed by the State within fourteen ...

docket:	a4717-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-05
status:	unpublished
citation:
Document Size:	30599

122 STATE OF NEW JERSEY v. GARRY FLOYD -- rank: 660

... qualified him for a mandatory extended-term sentence pursuant to N.J.S.A. 2C:43-6(f). In response to the judge's questions, defendant confirmed ... mandatory sentences and periods of parole ineligibility for certain offenses, N.J.S.A. 2C:43-6(f); it also provides an exception to the imposition of ... mandatory extended-term sentence for which defendant was eligible under N.J.S.A. 2C:43-6(f)' and agreed to recommend 'a fourteen-year prison sentence ... file a formal application requesting the extended mandatory term under N.J.S.A. 2C:43-6(f)' and 'the plea agreement recommended a sentence that fell ... the Court concluded that although '[t]he plain language of N.J.S.A. 2C:43-6(f) requires the prosecutor to file an application to impose ... agrees not to request a mandatory extended-term sentence under N.J.S.A. 2C:43-6(f) yet seeks the benefit of a Section 12 ...

docket:	a2592-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-17
status:	Unpublished
citation:
Document Size:	25685

123 /usr/local/share/www/libweb/collections/courts/appellate/a2971-20.opn.html -- rank: 660

... to overcome the mandatory minimum term of imprisonment prescribed by N.J.S.A. 2C:43-6.5. I. We discern the following facts from the trial ... defendant was sentenced to a five-year noncustodial probationary sentence, N.J.S.A. 2C:43-6.5(c)(2). Defendant filed a notice of appeal. The ... erred in waiving the mandatory term of imprisonment prescribed by N.J.S.A. 2C:43-6.5 and by sentencing defendant to a five-year term ... by the Legislature or the courts were violated. Pursuant to N.J.S.A. 2C:43-6.5(a), [A] person who serves or has served as ... or reducing the mandatory minimum sentence that would otherwise apply. [N.J.S.A. 2C:43-6.5(c)(2).] In State v. Rice, we held that ... considering whether to waive the mandatory period of imprisonment under N.J.S.A. 2C:43-6.5, courts also look to the case law that ...

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court:	NJ Superior Court Law/Chancery Division
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124 /usr/local/share/www/libweb/collections/courts/appellate/a5671-13a2312-14a2313-14.opn.html -- rank: 658

... to three years' probation and community supervision for life (CSL), N.J.S.A. 2C:43-6.4.2 A.D. initially complied with the Registration Law ... to-back appeals, which we consolidate for this opinion. 2 N.J.S.A. 2C:43-6.4 was amended by L. 2003 c. 267 to clarify ... and been convicted of, violating a special condition of CSL, N.J.S.A. 2C:43-6.4, for failing to notify his parole officer of his ... of community supervision for life, now parole supervision for life, N.J.S.A. 2C:43-6.4. Subsection c authorizes courts to 'grant a petition for ... A. 2C:7-2f, and use the term crime in N.J.S.A. 2C:43-6.4c, evidences an intent 17 A-5671-13T1 to use ...

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court:	NJ Superior Court Law/Chancery Division
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125 STATE OF NEW JERSEY v. MWANZA FITZPATRICK -- rank: 658

... sentences were in accordance with the Brimage Guidelines 1 and N.J.S.A. 2C:43-6(f). At sentencing, the State for the first time informed ...

docket:	a2477-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-28
status:	published
citation:	443 N.J.Super. 316 128 A.3d 1114
Document Size:	30686

126 State of New Jersey v. John Tate -- rank: 658

... imposed for the fourth-degree crime of child abuse. See N.J.S.A. 2C:43-6(a)(4). 5 Defendant has advanced several arguments in support ...

docket:	a-46-13
court:	New Jersey Supreme Court
decided:	2015-02-02
status:
citation:	220 N.J. 393 106 A.3d 1195
Document Size:	81891

127 STATE OF NEW JERSEY v. ANTHONY C. FIGUEROA -- rank: 655

... conviction of possession of CDS with intent to distribute under N.J.S.A. 2C:43-6(f), the court impermissibly double-counted his prior criminal history ... than a half ounce of cocaine or heroin, pursuant to N.J.S.A. 2C:43-6(f). N.J.S.A. 2C:43-6(f) provides that a person who has been previously convicted ... 35-3, -4, -5, -6 or -7, among other statutes. N.J.S.A. 2C:43-6(f). An extended sentence under this statute is mandatory once ... for a third-degree offense is three to five years. N.J.S.A. 2C:43-6(a)(1), (2). Pursuant to N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:43-7( ...

docket:	a0322-19
court:	NJ Superior Court Appellate Division
decided:	2022-11-18
status:	Unpublished
citation:
Document Size:	60483

128 STATE OF NEW JERSEY v. KENNETH K. GUMBS -- rank: 653

... that defendant be sentenced to an extended term pursuant to N.J.S.A. 2C:43-6(f) as a repeat drug offender, which the judge granted ... J.S.A. 2C:44-1. We are not persuaded. N.J.S.A. 2C:43-6(f) "enhances the penalty for specified subsequent crimes" for a ... imposed by the court or three years, whichever is greater[.]" N.J.S.A. 2C:43-6(f). Here, defendant acknowledged that the prosecutor established the requirements under N.J.S.A. 2C:43-6(f), and the court was obligated to impose an extended ... inapplicable because defendant was facing a mandatory prison term under N.J.S.A. 2C:43-6(f). Notwithstanding the court's error in finding aggravating factor ... the State moved to dismiss counts three and five. 4 N.J.S.A. 2C:43-6(c). This archive is a service of Rutgers School ...

docket:	a5148-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-20
status:	Published
citation:
Document Size:	57331

129 /usr/local/share/www/libweb/collections/courts/appellate/a3781-18.opn.html -- rank: 651

... eighteen months for a fourth-degree crime. Id. at 72; N.J.S.A. 2C:43-6(a)(1)- (4). Within the applicable range, the sentencing court ... to the sentencing range of five - to-ten years' imprisonment, N.J.S.A. 2C:43-6(a), and the presumption of imprisonment, N.J.S.A ...

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130 STATE OF NEW JERSEY v. KURT T. HARRIS -- rank: 651

... of imprisonment with a parole ineligibility period of 42 months. N.J.S.A. 2C:43-6(c). The mandatory minimum sentence may be reduced, or waived altogether, on motion of the prosecutor pursuant to N.J.S.A. 2C:43-6.2. Furthermore, defendant is not categorically ineligible for PTI by ... J.S.A. 2C:43-12(g)(3). 7 Under N.J.S.A. 2C:43-6.2, the mandatory sentence can be avoided only upon a ...

docket:	a0202-19
court:	NJ Superior Court Appellate Division
decided:	2020-03-31
status:	Unpublished
citation:
Document Size:	39497

131 STATE OF NEW JERSEY v. LARRY LANE -- rank: 651

... of fourth-degree failure to obtain permission to change residency, N.J.S.A. 2C:43-6.4. On January 14, 2008, defendant waived his rights to ... pursuant to N.J.S.A. 2C:7-2f and N.J.S.A. 2C:43-6.4c. He alleged that he then learned, for the first ... to de-register. N.J.S.A. 2C:7-2f; N.J.S.A. 2C:43-6.4c. The Megan's Law "good behavior" section provides: [e ... to the safety of others if released from parole supervision.   [ N.J.S.A. 2C:43-6.4c.]     Thus, both the Megan's Law and CSL "good ... hand, we have recognized that: Community supervision for life under N.J.S.A. 2C:43-6.4 has long been considered a punitive consequence of a ... amending the JOC in 2003 to explicitly impose CSL under N.J.S.A. 2C:43-6.4 may impair defendant's rights under the double ...

docket:	a0005-15
court:	NJ Superior Court Appellate Division
decided:	2015-04-04
status:	unpublished
citation:
Document Size:	51573

132 STATE OF NEW JERSEY v. SHAWN REEVES -- rank: 648

... motion for a Graves Act 1 sentencing waiver pursuant to N.J.S.A. 2C:43-6.2. On October 7, 2020, defendant was sentenced to two ... employer. He also was wearing a 'duty belt,' which 1 N.J.S.A. 2C:43-6(c) generally requires that defendants convicted of certain gun offenses ...

docket:	a0921-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-06
status:	Unpublished
citation:
Document Size:	47633

133 STATE OF NEW JERSEY v. SHAWN E. PARROTT -- rank: 648

... dispute he was eligible for a mandatory extended term under N.J.S.A. 2C:43-6(f). He does point out, however, that at the time ... range for a third-degree offense is three years, see N.J.S.A. 2C:43-6(a)(3), and, thus, the court intended to impose a ... and did impose the minimal extended term of five years. N.J.S.A. 2C:43-6(f) provides that upon a defendant's second conviction of ... authorized by [ N.J.S.A. 2C:43-7(c)]." N.J.S.A. 2C:43-6(f). N.J.S.A. 2C:43-7(c) refers ... S.A. 2C:43-7(a)(4). The language in N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:43-7(a ... indicates these statutes are mandatory. "Indeed, the Legislature emphasized that [ N.J.S.A. ] 2C:43-6(f) required a mandatory extended term by noting its ...

docket:	a1612-12
court:	NJ Superior Court Appellate Division
decided:	2016-04-05
status:	unpublished
citation:
Document Size:	36909

134 STATE OF NEW JERSEY v. MIGUEL A. GALVAN -- rank: 646

... subject to a thirty-month parole-ineligibility period pursuant and N.J.S.A. 2C:43-6(b).4 The State also agreed to gap-time credits ... Defendant's contentions are misplaced. Parole ineligibility is addressed in N.J.S.A. 2C:43-6(b), which provides, in pertinent part: As part of a ... to exceed one-half of the term set pursuant to [N.J.S.A. 2C:43-6(a)] . . . during which the defendant shall not be eligible for ... below the presumptive term for second-degree offenses. 5 See N.J.S.A. 2C:43-6(a)(2) (fixing a five- to ten-year prison term ... 44- - 1(f). A-0282-21 15 the Graves Act, N.J.S.A. 2C:43-6(c). The related indictment charged second- degree certain persons not ... at the lowest end of the second-degree range, see N.J.S.A. 2C:43-6(a)(2), and is consistent with the terms of ...

docket:	a0282-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	35266

135 STATE OF NEW JERSEY v. ELIJAH J. HOLLOWAY -- rank: 644

... from the sentence imposed by the Law Division pursuant to N.J.S.A. 2C:43-6.2 (the Graves Act "escape valve"). We reverse and remand ... State filed a motion before the Assignment Judge, pursuant to N.J.S.A. 2C:43-6.2, seeking to exempt defendant from the mandatory three-year ... exempted from the mandatory penalty associated with a violation of N.J.S.A. 2C:43-6 . . . ." The order was modified to remove the State's proposed ... raised by defendant on appeal. Pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), any person convicted of the unlawful possession of a ... harsh." Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2 (2015). In State v. Alvarez , 246 N.J. Super. 137 , 145 (App. Div. 1991), we noted that, under N.J.S.A. 2C:43-6.2, the Assignment Judge has the ultimate sentencing responsibility, ...

docket:	a1265-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-27
status:	unpublished
citation:
Document Size:	24883