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46 STATE OF NEW JERSEY v. ATOY A. SMITH -- rank: 765

... good cause' language should be read to limit prosecution for N.J.S.A. 2C:43-6.4(d) offenses to 'serious or persistent' violations of CSL ... PRESENT A PRIMA FACIE CASE TO THE GRAND JURY, BECAUSE N.J.S.A. 2C:43-6.4(d) IS UNCONSTITUTIONALLY VAGUE, AND BECAUSE THE STATE'S ... 10A:72-2.4 BEFORE FILING A CRIMINAL CHARGE UNDER N.J.S.A. 2C:43-6.4(D), THE STATE FAILED TO PRESENT 'SOME EVIDENCE' THAT ... indictment for abuse of discretion). B. A-1673-21 7 N.J.S.A. 2C:43-6.4(d) states in pertinent part: A person who violates ... based treatment program. III. A. Defendant maintains his prosecution under N.J.S.A. 2C:43-6.4(d) is barred by double jeopardy, because he already ... an integral part of a defendant's sentence' and that ' N.J.S.A. 2C:43-6.4 is punitive rather than remedial.' Defendant contends that ...

docket:	a1673-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-03
status:	Unpublished
citation:
Document Size:	39489

47 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 765

... arrangement, the State waived a motion for enhanced sentencing under N.J.S.A. 2C:43-6(f) pursuant to the Brimage Guidelines. Oliver was sentenced to ... eligible for the imposition of a mandatory extended term under N.J.S.A. 2C:43-6(f), "the waiver of the parole ineligibility under the new ... who were the beneficiaries of waivers of extended terms under N.J.S.A. 2C:43-6(f) are eligible to seek reconsideration of their sentences pursuant ... were eligible at sentencing for an extended term sentence under N.J.S.A. 2C:43-6(f) on account of a previous conviction for distribution or ... to a Brimage waiver of a mandatory extended term under N.J.S.A. 2C:43-6(f), and Anderson was sentenced to a five-year term ... or required to be imposed pursuant to subsection f. of [ N.J.S.A. ] 2C:43-6 or upon conviction for a crime other than the ...

docket:	a1505-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41099

48 STATE OF NEW JERSEY v. KEVIN MCGUIRE -- rank: 763

... period of parole ineligibility otherwise required by the Graves Act, N.J.S.A. 2C:43-6; -6.2. However, the court found that, under the circumstances ... minimum term for the second-degree firearms offense pursuant to N.J.S.A. 2C:43-6.2. The trial court concluded that it did not have ... f)(2), with a one-year minimum term pursuant to N.J.S.A. 2C:43-6.2. Here, defendant pleaded guilty to unlawful possession of a ... of the sentence imposed, or three years, whichever is longer. N.J.S.A. 2C:43-6(c). However, N.J.S.A. 2C:43-6.2 provides that, upon the prosecutor's motion establishing that imposition of a mandatory minimum term of imprisonment under [ N.J.S.A. 2C:43-6(c)] for a defendant who has not previously been ...

docket:	a5138-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-22
status:	unpublished
citation:
Document Size:	35843

49 /usr/local/share/www/libweb/collections/courts/trial/actedxx-10.opn.html -- rank: 761

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants challenge the constitutionality ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison in March 2001 ... also ordered to comply with CSL monitoring upon his release, N.J.S.A. 2C:43-6.4. J.B. was released after completing his sentence, 2 ... in 1994 as part of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4. The statute is one component of a series of ... between 1994 and 2004 of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a) must serve, in addition to any existing sentence ... after that time are sentenced to "parole supervision for life." N.J.S.A. 2C:43-6.4(a); see also L. 2003, c. 267, § ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	57031

50 /usr/local/share/www/libweb/collections/courts/appellate/a3256-11red.opn.html -- rank: 761

... PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. Represented by the same attorney, appellants challenge the constitutionality ... release, pursuant to the Violent Predator Incapacitation Act of 1994, N.J.S.A. 2C:43-6.4. B.M. was released from prison in March 2001 ... also ordered to comply with CSL monitoring upon his release, N.J.S.A. 2C:43-6.4. J.B. was released after completing his sentence, 2 ... in 1994 as part of the Violent Predator Incapacitation Act, N.J.S.A. 2C:43-6.4. The statute is one component of a series of ... between 1994 and 2004 of certain sexual offenses enumerated within N.J.S.A. 2C:43-6.4(a) must serve, in addition to any existing sentence ... after that time are sentenced to "parole supervision for life." N.J.S.A. 2C:43-6.4(a); see also L. 2003, c. 267, § ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	57034

51 Jamgochian v. New Jersey State Parole Board -- rank: 758

... by defendants convicted of serious sexual offenses.” In 1998, N.J.S.A. 2C:43-6.4(b) provided that “[p]ersons serving a special ... S.A. 2C:7-2, and community supervision for life, N.J.S.A. 2C:43-6.4 (prior to 2003 amendment). 1 The day before his ... at the completion of his four-year term of imprisonment. N.J.S.A. 2C:43-6.4(a) and (b) (prior to 2003 amendment). Community supervision ... for a new rape or sexual assault.”). In 1998, N.J.S.A. 2C:43-6.4(b) provided that “[p]ersons serving a special ... is a fourth-degree crime carrying a presumption of imprisonment. N.J.S.A. 2C:43-6.4(d). Finally, a supervised offender may be released from ... to the safety of others if released from supervision.” N.J.S.A. 2C:43-6.4(c) (prior to the 2003 amendment). 7 IV. ...

docket:	a-63-07
court:
decided:	2008-08-06
status:
citation:	196 N.J. 222
Document Size:	127522

52 /usr/local/share/www/libweb/collections/courts/appellate/a2805-17.opn.html -- rank: 756

... extended term sentence and minimum period of parole ineligibility under N.J.S.A. 2C:43-6(f). A-2805-17T4 2 Defendant negotiated a plea agreement ... agreed not to request a mandatory extended term sentence under N.J.S.A. 2C:43-6(f), which would have exposed defendant to a sentence of ... mandatory extended term sentence and period of parole ineligibility under N.J.S.A. 2C:43-6(f). For example, before he entered his plea, the State ... conviction subjected him to a mandatory extended term sentence under N.J.S.A. 2C:43-6(f). In addition, defendant's plea form expressly provided that ... to file [for] an [e]xtended [t]erm pursuant to N.J.S.A. 2C:43-6(f).' In a supplemental plea form 'for non-negotiated pleas ... of parole ineligibility for certain offenses. Ibid.; see, e.g., N.J.S.A. 2C:43-6(f); see also State v. Bridges, 252 N.J. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26905

53 STATE OF NEW JERSEY v. ROBERT A. DAVIES -- rank: 754

... two grounds, a mandatory extended term for manslaughter pursuant to N.J.S.A. 2C:43-6.4e, and a discretionary extended term as a persistent offender ... specify whether this extended-term sentence was imposed pursuant to N.J.S.A. 2C:43-6.4e or N.J.S.A. 2C:44-3a and ... COURT'S IMPOSITION OF AN EXTENDED TERM SENTENCE PURSUANT TO N.J.S.A. 2C:43-6.4[e] IS BOTH ILLEGAL AND UNCONSTITUTIONAL. A. Defendant Was ... A. 2C:44-3a, the persistent offender extended term, and N.J.S.A. 2C:43-6.4e, the extended term applicable to a person convicted while ... a special sentence of parole supervision for life pursuant to N.J.S.A. 2C:43-6.4. It is now clear that a defendant may not ... is important. Defendant argues that the extended term specified in N.J.S.A. 2C:43-6.4e, which is applicable to "[a] person who, while ...

docket:	a5986-10
court:	NJ Superior Court Appellate Division
decided:	2014-11-20
status:	unpublished
citation:
Document Size:	86834

54 STATE OF NEW JERSEY v. JOHN FARKAS -- rank: 754

... conviction of certain sexual offenses, including aggravated criminal sexual contact. N.J.S.A. 2C:43-6.4(a) (1996). Community supervision for life was not an ... for fourth - degree criminal sexual contact. Effective January 14, 2004, N.J.S.A. 2C:43- 6.4(a) was amended, replacing community supervision for life with ... finding defendant was convicted of aggravated criminal sexual contact. See N.J.S.A. 2C:43-6.4(b). Instead, the court's order directed for the ... b). A-4386-19 7 special sentence of PSL under N.J.S.A. 2C:43-6.4(a). Defendant correctly argued that although PSL is a ... individual convicted of fourth-degree criminal sexual contact. 4 See N.J.S.A. 2C:43-6.4(a). Although it appears there is no transcript available ... the January 14, 2004 effective date of the amendment to N.J.S.A. 2C:43-6.4 that eliminated community supervision for life and replaced ...

docket:	a4386-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-17
status:	Unpublished
citation:
Document Size:	49664

55 J.I. v. New Jersey State Parole Board -- rank: 749

... likelihood of recidivism and fostering public protection and rehabilitation. See N.J.S.A. 2C:43-6.4(b); N.J.S.A. 30:4-123.59 ... that he be subject to community supervision for life. See N.J.S.A. 2C:43-6.4. The State Parole Board’s Division of Parole is ... conditions appropriate to protect the public and foster rehabilitation .” N.J.S.A. 2C:43-6.4(b) (1994) (emphasis added) (amended 2003). 3 Those conditions ... S.A. 30:4-123.59(b)(1); see also N.J.S.A. 2C:43-6.4(f)(1); N.J.A.C. 10A:71-6 ... S.A. 30:4-123.59(b)(2); see also N.J.S.A. 2C:43-6.4(f)(1).] 5 Subsections (b), (c), and (d) represent ... 2612(b) (Dec. 5, 2016). 3 The current version of N.J.S.A. 2C:43-6.4(b), although referring to offenders subject to parole ...

docket:	a-29-15
court:	New Jersey Supreme Court
decided:	2017-03-21
status:
citation:
Document Size:	131548

56 STATE OF NEW JERSEY v. SEAN R. HERCUS -- rank: 742

... in prison with a mandatory minimum term of three years. N.J.S.A. 2C:43-6(c) (2008). On June 9, 2014, pursuant to a plea ... a handgun. The State agreed to make a motion under N.J.S.A. 2C:43-6.2 and recommend five years in prison with one year ... WITH IMPRISONMENT NOT EXCEEDING 364 DAYS AS ALTERNATIVELY AUTHORIZED UNDER N.J.S.A. 2C:43-6.2. POINT 4: STATE V. WATERS , 439 N.J. SUPER ... at 1, 9. In any event, the prosecutor did invoke N.J.S.A. 2C:43-6.2 and give defendant the standard plea offer of a ... prosecutor's recommendation was an abuse of his discretion under N.J.S.A. 2C:43-6.2. N.J.S.A. 2C:43-6.2 states: On a motion by the prosecutor made ...

docket:	a1259-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-18
status:	unpublished
citation:
Document Size:	38762

57 State v. Carlos Bolvito -- rank: 742

... 149-50 (2006) (stating that “[t]he language of [ N.J.S.A. ] 2C:43-6(f) clearly indicates that the Legislature meant enhancement to be ... by the � court to an extended term ’” (quoting N.J.S.A. 2C:43-6(f))); Aponte-Correa v. Allstate Ins. Co. , 162 N.J ...

docket:	A-44-12
court:	NJ Supreme Court
decided:	2014-03-31
status:
citation:	217 N.J. 221 86 A.3d 131
Document Size:	79772

58 Jersey v. James R. Denelsbeck -- rank: 742

... to a sentence not to exceed eighteen months in jail, N.J.S.A. 2C:43-6(a)(4), benefits from a presumption of non-incarceration. N ...

docket:	a-42-14
court:	New Jersey Supreme Court
decided:	2016-05-12
status:
citation:
Document Size:	212208

59 STATE OF NEW JERSEY v. DWAYNE N. WAKEFIELD -- rank: 742

... that subjected defendant to a mandatory extended term sentence under N.J.S.A. 2C:43-6(f). Defendant does not contend that his negotiated plea was ... an extended term was pursuant to the mandatory provisions of N.J.S.A. 2C:43-6(f) or the discretionary provisions of N.J.S.A ... as to his eligibility for a mandatory extended term under N.J.S.A. 2C:43-6(f), or a discretionary term under N.J.S.A ... a). Based on our review of the record we disagree. N.J.S.A. 2C:43-6(f) provides that: A-0484-18T4 20 A person convicted ... crime, during which the defendant shall be ineligible for parole. [ N.J.S.A. 2C:43-6(f) (emphasis added).] Here, defendant's presentence report, which the ... CDS- related convictions subjected him to the mandatory provisions of N.J.S.A. 2C:43-6(f). Further, the trial court clearly considered defendant's ...

docket:	a0484-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	53988

60 /usr/local/share/www/libweb/collections/courts/supreme/a4214svd.opn.html -- rank: 740

... to a sentence not to exceed eighteen months in jail, N.J.S.A. 2C:43-6(a)(4), benefits from a presumption of non-incarceration. N ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	212375