Search Rutgers Law Library N.J. Court Opinions

166 IN THE MATTER OF REGISTRANT G.H. -- rank: 620

... for life' (CSL) on all defendants convicted of certain offenses. N.J.S.A. 2C:43-6.4(a). The 6 A-2388-16T1 Legislature subsequently amended ... 225 N.J. 339 (2016), has remained constant. Pursuant to N.J.S.A. 2C:43- 6.4(c), an offender who has not committed a crime ... release from . . . supervision.' Thus, the Legislature's decision to retain N.J.S.A. 2C:43- 6.4(c) results in the anomalous situation of permitting some ... when each judge granted appellants relief from CSL pursuant to N.J.S.A. 2C:43-6(c). The State argues we should infer the Legislature intended ...

docket:	a2388-16
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-06
status:	Published
citation:
Document Size:	57871

167 STATE OF NEW JERSEY v. TODD DORN -- rank: 618

... extended term. The court improperly imposed an extended term under N.J.S.A. 2C:43-6(f) for defendant's conviction of possession with intent to ... facility or public park is not an offense enumerated in N.J.S.A. 2C:43-6(f). Accordingly, the court imposed an illegal sentence. State v ... judgment of conviction make clear the court sentenced defendant under N.J.S.A. 2C:43-6(f), not under N.J.S.A. 2C:43-7 ... does not require a minimum period of parole ineligibility, whereas N.J.S.A. 2C:43-6(f) requires a minimum term. Because the extended term sentence ...

docket:	a6189-12
court:	NJ Superior Court Appellate Division
decided:	2016-09-26
status:	unpublished
citation:
Document Size:	82853

168 STATE OF NEW JERSEY v. TERRELL L. WILLIAMS -- rank: 618

... compelled by the Graves Act for the firearms violation. See N.J.S.A. 2C:43-6(c). N.J.S.A. 2C:43-6.2, the so-called Graves Act "escape valve," provides in ... the imposition of a mandatory minimum term of imprisonment under [ N.J.S.A. 2C:43-6(c)] . . . does not serve the interests of justice, the assignment ... the judge is free to impose any sentence permitted by N.J.S.A. 2C:43-6(c). The panel explained "the sentence options when a prosecutorial ... be persuasive. The State contends that separate and apart from N.J.S.A. 2C:43-6.2, imposition of a probationary sentence for a second-degree ... equal to time already served is an appropriate sentence under N.J.S.A. 2C:43-6.2 in this case. Finally, defendant aptly directs our ...

docket:	a2341-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-14
status:	unpublished
citation:
Document Size:	24611

169 STATE OF NEW JERSEY VS. FUQUAN K. KNIGHT, ET AL. -- rank: 618

... forty-two months parole ineligibility, pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), to run concurrent with count two of the indictment ...

docket:	a0377-20a0437-21
court:	appellate
decided:	2023-12-19
status:	Unpublished
citation:
Document Size:	100600

170 STATE OF NEW JERSEY v. FUQUAN K. KNIGHT -- rank: 615

... forty-two months parole ineligibility, pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), to run concurrent with count two of the indictment ...

docket:	a0377-20
court:	NJ Superior Court Appellate Division
decided:	2023-12-21
status:	Published
citation:
Document Size:	101428

171 STATE OF NEW JERSEY v. JHAVAL D. RANDOLPH -- rank: 615

... of his application for a Graves Act waiver pursuant to N.J.S.A. 2C:43-6.2, defendant was sentenced to concurrent five-year prison terms ... one-half-year parole disqualifier, pursuant to the Graves Act, N.J.S.A. 2C:43-6(c).1 1 'The 'Graves Act' is named for Senator ... SHOULD REVERSE THE ARBITRARY AND DISPARATE DENIAL OF DEFENDANT'S N.J.S.A. 2C:43-6.2 APPLICATION FOR A WAIVER OF A 3.5-YEAR ... Graves Act waiver to permit a reduced sentence pursuant to N.J.S.A. 2C:43-6.2. On March 26, 2019, during oral argument on defendant ... Graves Act mandatory minimum sentence should be waived pursuant to N.J.S.A. 2C:43-6.2. See Directive to Ensure Uniform Enforcement of 'Graves Act ... arbitrary and capricious' rejection of a Graves Act waiver under N.J.S.A. 2C:43-6.2. In support, defendant asserts he was 'only accused ...

docket:	a0692-19
court:	NJ Superior Court Appellate Division
decided:	2022-07-29
status:	Unpublished
citation:
Document Size:	38306

172 STATE OF NEW JERSEY VS. DELSHON J. TAYLOR JR. -- rank: 615

... However, as he was talking to those individuals, Paul 1 N.J.S.A. 2C:43-6(c). A-3359-21 2 heard dispatch report that a ... mandatory minimum term of imprisonment under (a) subsection c. of N.J.S.[A. ]2C:43-6 for a defendant who has not previously been convicted of ... be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2.] A-3359-21 22 'In 2008, the New Jersey ... by the court or [forty-two] months, whichever is greater.' N.J.S.A. 2C:43-6(c). After defendant moved to 'override' the State's decision ...

docket:	a3359-21
court:	appellate
decided:	2024-04-22
status:	Unpublished
citation:
Document Size:	43966

173 STATE OF NEW JERSEY v. DAQUAWN REID, -- rank: 615

... the judge subsequently sentenced Jones as a second-degree offender, N.J.S.A. 2C:43-6(a)(2), imposing a nine-year sentence subject to NERA ... a first-degree crime, which is ten to twenty years. N.J.S.A. 2C:43-6(a)(1). It was not illegal. In any event, the ...

docket:	a6216-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-04-25
status:	Published
citation:
Document Size:	34198

174 STATE OF NEW JERSEY v. ALDABERTO VEGA -- rank: 615

... motion to sentence Bethea to a mandatory extended term, under N.J.S.A. 2C:43-6(f), on counts three and seven. The judge merged counts ... we note the language set forth in subsection (b) of N.J.S.A. 2C:43-6, provides: 'where the court is clearly convinced that the aggravating ... during which the defendant shall not be eligible for parole . . . . [N.J.S.A. 2C:43-6(b).] However, Bethea was not sentenced under N.J.S.A. 2C:43-6(b). Instead, he was sentenced as a repeat drug offender ... made clear that 'when a prosecuting attorney makes application under N.J.S.A. 2C:43-6(f), the sole determination for the sentencing court is to ... third to one-half of the term, whichever was greater. N.J.S.A. 2C:43-6(f). The judge was also required to fix the ...

docket:	a0935-17
court:	NJ Superior Court Appellate Division
decided:	2019-12-04
status:	Unpublished
citation:
Document Size:	65146

175 M.M v. NEW JERSEY STATE PAROLE BOARD -- rank: 615

... as an offender subject to parole supervision for life (PSL), N.J.S.A. 2C:43-6.4. 1 M.M. challenges a condition of his PSL ... 433 N.J. Super. 327, 337 (App. Div. 2013) (quoting N.J.S.A. 2C:43-6.4(b)), certif. denied sub nom , B.M. v. N ... Board from imposing, in its discretion, the alcohol special condition. N.J.S.A. 2C:43-6.4(b) and N.J.A.C. 10A:71-6 ... that special condition. Affirmed. 1 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4 to change community supervision for life to PSL, effective ...

docket:	a6215-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-21
status:	Published
citation:
Document Size:	23025

176 STATE OF NEW JERSEY v. STEVEN SOLARI, a/k/a STEVE -- rank: 613

... identified [and] supported by competent, credible evidence in the record"). N.J.S.A. 2C:43-6.5(a) provides that the court must impose a mandatory ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). When the court waives or reduces the ... it must state with specificity its reasons for doing so. N.J.S.A. 2C:43-6.5(c)(2). In considering whether to waive or reduce ... imposition of a mandatory minimum period of parole ineligibility under N.J.S.A. 2C:43-6.5(a). Defendant received the minimum five-year sentence applicable ...

docket:	a2897-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	77185

177 STATE OF NEW JERSEY v. WILBER O. MEJIA-HERNANDEZ -- rank: 613

... year period of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c). The convictions stemmed from defendant's involvement in a ... of imprisonment for individuals convicted of various firearm-related crimes. N.J.S.A. 2C:43-6(c). The Act specifically requires that '[t]he term of ... be served by the imposition of a mandatory minimum term. [N.J.S.A. 2C:43-6.2.] '[W]ritten guidelines exist to channel prosecutorial discretion' in ...

docket:	a1022-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-09
status:	Unpublished
citation:
Document Size:	59835

178 STATE OF NEW JERSEY v. S.C -- rank: 613

... is subject to parole supervision for life, formerly community supervision. N.J.S.A. 2C:43-6.4. Where the victim was a minor, the "sweeping restrictions ... Life Act, L. 1994, c. 130, § 2 (codified at N.J.S.A. 2C:43-6.4). All of the bills comprising the package are referred ... supervision for life" was changed to "parole supervision for life." N.J.S.A. 2C:43-6.4. N.J.A.C. 10A:71-6.12 applies ...

docket:	a0888-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-09
status:	unpublished
citation:
Document Size:	33830

179 STATE OF NEW JERSEY v. EDWARD MARSHALL -- rank: 613

... of his special sentence to community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). He was sentenced to time served and to ... s Law requirements, and a special sentence of CSL under N.J.S.A. 2C:43-6.4 (prior to amendment). At the time of his sentence ... 1994, c. 130. Effective July 1, 2014, the Legislature amended N.J.S.A. 2C:43-6.4(a) and (d) (the 2014 amendment), to upgrade a ... Fourth-degree violation of the conditions of CSL, contrary to N.J.S.A. 2C:43-6.4(d), for allegedly failing to reside at an approved ... third-degree violation of the conditions of CSL, contrary to N.J.S.A. 2C:43-6.4(d), for allegedly failing to refrain from the purchase ... the indictment, arguing that application of the amended version of N.J.S.A. 2C:43-6.4 violated the constitutional prohibition against ex post facto ...

docket:	a1128-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-23
status:	unpublished
citation:
Document Size:	13485

180 STATE OF NEW JERSEY v. JAVAN FOWLER -- rank: 611

... an extended term as a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f) on the school zone violation, count three of the ... term which shall, except as may be specifically provided by [N.J.S.A. 2C:43-6(f)] , be fixed at or between one-third and one ... school zone violation specifically falls within the statutory framework of N.J.S.A. 2C:43-6(f). As a result, on the school zone violation, no ... imposed by the court or three years , whichever is greater[.]" N.J.S.A. 2C:43-6(f) (emphasis added). We need not determine whether the judge ...

docket:	a2126-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-08
status:	unpublished
citation:
Document Size:	53355