Search Rutgers Law Library N.J. Court Opinions

61 G.A.-H. v. K.G.G. -- rank: 737

... The court also sentenced defendant to parole supervision for life, N.J.S.A. 2C:43-6.4; mandated that he comply with the requirements of Meganâ ... within the ten- to twenty-year range set forth in N.J.S.A. 2C:43-6(a)(1) for first-degree offenses. N.J.S.A ... subsequent drug convictions to an extended term of incarceration under N.J.S.A. 2C:43-6(f). Ibid. That statute mandated the imposition of an extended ... ordinarily discretionary with the court.” Ibid. (emphasis removed) (quoting N.J.S.A. 2C:43-6(f)). The Court agreed with the defendant in Lagares that ... guidelines or “any avenue for effective judicial review,” N.J.S.A. 2C:43-6(f) would be unconstitutional. Id. at 31. It explained: 21 ... 56 N.J. 346, 350 (1970)). First, the Court interpreted N.J.S.A. 2C:43-6(f) “to require that guidelines be adopted to ...

docket:	a-28-18
court:	NJ Supreme Court
decided:	2019-06-26
status:
citation:	--- A.3d ----
Document Size:	73879

62 State v. Eric Clemente Rangel -- rank: 733

... assault, N.J.S.A. 2C:14-2(c)(1), N.J.S.A. 2C:43-6(a)(2) -- to one punishable by a term of up ... assault, N.J.S.A. 2C:14-2(a)(6), N.J.S.A. 2C:43-6(a)(1). The State urges us to read N.J ...

docket:	A-88-11
court:	NJ Supreme Court
decided:	2013-04-29
status:
citation:
Document Size:	87860

63 T4STATE OF NEW JERSEY v. HASHIEM MITCHELL -- rank: 730

... find defendant subject to a mandatory enhanced sentence pursuant to N.J.S.A. 2C:43-6(f), and the trial court granted the State's motion ... a third-degree crime is ordinarily three to five years. N.J.S.A. 2C:43-6(a)(3). However, N.J.S.A. 2C:43-6(f) provides that upon a defendant's second CDS conviction ... A. 2C:44-3, the extended term here is mandatory. N.J.S.A. 2C:43-6(f); Robinson , supra , 217 N.J. at 607 ("[A]ccording to N.J.S.A. 2C:43-6(f), a person who has been previously convicted of certain ... at 608-09, where our Supreme stated: [A]ccording to N.J.S.A. 2C:43-6(f), a person who has been previously convicted of ...

docket:	a2474-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
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64 K.G. v. NEW JERSEY STATE PAROLE BOARD -- rank: 730

... who are subject to parole supervision for life ('PSL') under N.J.S.A. 2C:43-6.4. Each appellant challenges certain conditions of PSL that the ... who have been convicted of certain sexual offenses enumerated in N.J.S.A. 2C:43-6.4(a) must serve, in addition to any existing sentence ... for life commencing upon the offender's release from incarceration. N.J.S.A. 2C:43-6.4(a) and (b). PSL offenders remain in the legal ... to conditions appropriate to protect the public and foster rehabilitation.' N.J.S.A. 2C:43-6.4(b). These conditions include general conditions that are imposed ... of a PSL condition 1 In 2003, the Legislature amended N.J.S.A. 2C:43-6.4 to replace all references to 'community supervision for life ... 16T2 6 may be prosecuted as a third-degree crime, N.J.S.A. 2C:43-6.4(d), or treated as a parole violation, N. ...

docket:	a0042-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-24
status:	Published
citation:	458 N.J.Super. 1 202 A.3d 636
Document Size:	93645

65 STATE OF NEW JERSEY v. EMIL F. HANNA -- rank: 725

... the five-year mandatory period of parole ineligibility required by N.J.S.A. 2C:43-6.5(b); and denied defendants' cross- appeals challenging the imposed ... JUDGE FAILED TO IMPOSE THE MANDATORY PAROLE DISQUALIFIER REQUIRED BY N.J.S.A. 2C:43-6.5[(b)] AND FAILED TO APPLY THE PROPER STANDARD IN ... because the full, five-year mandatory period of incarceration under N.J.S.A. 2C:43-6.5(b) should have been imposed. Defendants' merits briefs advance ... the application to be sentenced one degree lower pursuant to [N.J.S.A.] 2C:43-6.5(c)(2).'5 In an amplification issued after the ... of parole ineligibility to two years instead of adhering to N.J.S.A. 2C:43-6.5(a) that provides, in relevant part: [A] person who ... judge 'must state with specificity its reasons' for so doing. N.J.S.A. 2C:43-6.5(c)(2). Although '[t]he decision to waive ...

docket:	a2098-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-25
status:	Unpublished
citation:
Document Size:	42458

66 STATE OF NEW JERSEY v. RICARDO PEREZ -- rank: 723

... The State submitted an application to the court pursuant to N.J.S.A. 2C:43-6.2 for an exemption from the mandatory minimum term required by N.J.S.A. 2C:43-6(c). The State recommended a five-year prison term, with ... ERRED, WHEN SENTENCING [DEFENDANT] ON THE PAPERS, BY (1) MISINTERPRETING N.J.S.A. 2C:43-6.2, (2) FAILING TO FIND THREE MITIGATING FACTORS SUBSEQUENTLY FOUND ... greater . . . during which the defendant shall be ineligible for parole.' N.J.S.A. 2C:43-6(c). However, N.J.S.A. 2C:43-6.2 provides that when a defendant has not been previously ... State agreed to waive the mandatory minimum term required by N.J.S.A. 2C:43-6(c), but did not agree to a probationary sentence. ...

docket:	a0459-16
court:	NJ Superior Court Appellate Division
decided:	2018-02-15
status:	unpublished
citation:
Document Size:	61006

67 /usr/local/share/www/libweb/collections/courts/appellate/a2432-20.opn.html -- rank: 721

... for official misconduct in the first- or second-degree under N.J.S.A. 2C:43-6.5(a). Defendant John W. Flinn cross-appeals from his ... record. At the sentencing hearing on April 26, 2021, applying N.J.S.A. 2C:43- 6.5(c)(2), the judge found the State's request ... circumstances, the judge waived the period of parole ineligibility under N.J.S.A. 2C:43-6.5(a) and (b)(17). The judge further concluded a ... TRIAL COURT PROPERLY WAIVED THE MINIMUM MANDATORY SENTENCE PURSUANT TO N.J.S.A. 2C:43-6.5(c)(2) BASED UPON ITS METICULOUS ANALYSIS AND FINDINGS ... SERIOUS INJUSTICE OVERRIDING THE NEED FOR DETERENCE PURSUANT TO BOTH N.J.S.A. 2C:43-6.5(c)(2) AND [ N.J.S.A.] 2C:44 ... of the sentencing hearing, April 26, 2021, the judge acknowledged N.J.S.A. 2C:43-6.5 had not been amended and that the mandatory ...

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68 STATE OF NEW JERSEY v. L.J.A. -- rank: 718

... motion for imposition of a mandatory extended term pursuant to N.J.S.A. 2C:43-6.4(e), because defendant had previously been convicted of endangering ... he was not subject to a mandatory extended term under N.J.S.A. 2C:43-6.4(e). He contends that the aggregate fifty-year term ... A. Eligibility for an extended term sentence. As initially enacted, N.J.S.A. 2C:43-6.4 provided in pertinent part: a. Notwithstanding any provision of ... committed before the effective date of the 2004 amendments to N.J.S.A. 2C:43-6.4(e), the sentence included CSL rather than parole supervision ... was not subject to the extended term under the amended N.J.S.A. 2C:43-6.4(e) as a result of his convictions in this ... The legislative history makes clear that the 2004 amendments to N.J.S.A. 2C:43-6.4(e) were merely "clarifying and technical in nature." ...

docket:	a0493-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-27
status:	unpublished
citation:
Document Size:	60259

69 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 718

... 11- 1962. On September 20, 2018, the State moved under N.J.S.A. 2C:43-6(f) for a mandatory extended term on Ind. No. 15 ... defendant's prior convictions triggered mandatory extended term sentencing under N.J.S.A. 2C:43-6(f), exposing defendant to a maximum extended term of twenty ... pertains to discretionary extended terms for persistent offenders, rather than N.J.S.A. 2C:43-6(f), which pertains to mandatory extended terms. Despite that mix ... notwithstanding that extended terms are ordinarily discretionary with the court.' N.J.S.A. 2C:43-6(f). In addition, '[t]he term of imprisonment shall, except ... argue he was ineligible for a mandatory extended term under N.J.S.A. 2C:43-6(f). Rather, he argues that resentencing is required because the ... between, one-third and one-half of the sentence imposed . . .' N.J.S.A. 2C:43-6(f); N.J.S.A. 2C:43-7(c). ...

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70 STATE OF NEW JERSEY v. JOHN A. DAVEY -- rank: 714

... waiver of the mandatory parole ineligibility period set forth in N.J.S.A. 2C:43-6.5(a). We affirm defendant's convictions but remand this ... motion to waive the mandatory parole ineligibility period required by N.J.S.A. 2C:43-6.5[(a)], and sentencing defendant to probation. A. The High Bar Imposed by N.J.S.A. 2C:43- 6.5[(c)] for waiver. B. Defendant Falls Short of Clearing ... a waiver of the parole ineligibility period set forth in N.J.S.A. 2C:43-6.5(a). Defendant's conviction for an amended third-degree ... where a defendant is convicted of third-degree official misconduct. N.J.S.A. 2C:43-6.5(a) provides, in relevant part: [A] person who serves ... person. [Ibid. (emphasis added).] Notwithstanding the language set forth in N.J.S.A. 2C:43-6.5(a), the official misconduct statute provides a mechanism ...

docket:	a0441-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-19
status:	Unpublished
citation:
Document Size:	26541

71 State v. Rene M. Rodriguez -- rank: 714

... certain violent offenses under the No Early Release Act (NERA)); N.J.S.A. 2C:43-6(c) and (d) (for those who arm themselves before going forth to commit crimes under the Graves Act); and N.J.S.A. 2C:43-6(f) (for those convicted of certain controlled dangerous substance (CDS ... in New Jersey,” the Legislature enacted the Graves Act, N.J.S.A. 2C:43- 6(c) and (d), “to ensure incarceration for those who ... during which the defendant shall be ineligible for parole.” N.J.S.A. 2C:43-6(c) (emphases added). The Legislature repeated the same admonition when ... the aggravating factors substantially outweigh the mitigating factors.” 3 N.J.S.A. 2C:43-6(b). We agree with the State that, because mandatory fixed ...

docket:	a-80-17
court:	NJ Supreme Court
decided:	2019-05-21
status:
citation:	238 N.J. 105 207 A.3d 1269
Document Size:	43710

72 State v. Hakum Brown -- rank: 714

... a)(3), as well as third-degree violations of CSL, N.J.S.A. 2C:43-6.4(d). B. H.B. pleaded guilty and was sentenced ... to a term of imprisonment between three and five years. N.J.S.A. 2C:43-6(a)(3) to (4). The 2007 amendments took effect on ... N.J. at 427, 429. Perez was sentenced pursuant to N.J.S.A. 2C:43-6.4, which provides for an enhanced term without parole for ... the Ex Post Facto Clause. Id. at 441-42 (quoting N.J.S.A. 2C:43-6.4). In a subsequent decision, we were called on to ... applies to certain sex offenders. In 2013, the Legislature amended N.J.S.A. 2C:43-6.4 so that violation of a condition of CSL, 19 ... to PSL. L. 2013, c. 214, § 4; see also N.J.S.A. 2C:43-6.4(a), (d). In Hester, we held that it ...

docket:	a-39-19
court:	NJ Supreme Court
decided:	2021-01-25
status:
citation:
Document Size:	70014

73 State of New Jersey v. Maurice Pierce -- rank: 711

... carry greater punishment for the same crime. See, e.g. , N.J.S.A. 2C:43-6(c), 2C:43-6(f), 2C:43-7, 2C:44 ... at 20) (addressing mandatory extended-term sentences imposed pursuant to N.J.S.A. 2C:43-6(f)). Others confer discretion on the sentencing court. The persistent ... conclusively disposes of it. In Thomas , supra , we held that N.J.S.A. 2C:43-6(f) does not contravene defendant’s due process and Sixth ... to be eligible for sentencing up to the maximum of N.J.S.A. 2C:43-6(f)’s mandatory enhanced range. ­___ N.J. at ___ (slip ... finding found to be permissible in Thomas in respect of N.J.S.A. 2C:43-6(f). Thus, we find no Sixth Amendment violation in the ... jury’s verdict was a ten- to twenty-year term. N.J.S.A. 2C:43-6(a)(1). The majority’s decision now authorizes a ...

docket:	a-18-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	110634

74 STATE OF NEW JERSEY v. ZAIRE J. CROMEDY -- rank: 711

... J.S.A. 2C:39-5(j). The Graves Act, N.J.S.A. 2C:43-6(c), provides a mandatory term of incarceration for certain unlawful ... greater . . . , during which the defendant shall be ineligible for parole. [N.J.S.A. 2C:43-6(c).] During the plea proceeding and in defendant's plea ... 39-5(j) from the Graves Act because it amended N.J.S.A. 2C:43-6(c) the same day N.J.S.A. 2C:39 ... J.S.A. 2C:39-5(j) is subject to N.J.S.A. 2C:43-6(a)(1), which states '[e]xcept as otherwise provided, a ... Graves Act is irrelevant because the sentence is controlled by N.J.S.A. 2C:43-6(a)(1). At oral argument before us, the defense also ... Act. .... The bill also amends sentencing under the Graves Act, . . . ([ N.J.S.A. ]2C:43-6), which sets forth mandatory minimum terms of imprisonment for ...

docket:	a1145-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-04
status:	Published
citation:
Document Size:	40834

75 /usr/local/share/www/libweb/collections/courts/appellate/a5991-17.opn.html -- rank: 709

... of fifty years of imprisonment. Pursuant to the Graves Act, N.J.S.A. 2C:43-6, the court imposed a twenty-two-year period of parole ... 2018)). Our Code of Criminal Justice 'provides for ordinary sentences, N.J.S.A. 2C:43-6[(a)], as well as extended-term sentences that carry greater ... 17T1 10 of a crime, including armed robbery, enumerated in N.J.S.A. 2C:43-6(c) or (g). N.J.S.A. 2C:44-3 ... that is subject to a mandatory term. See, e.g., N.J.S.A. 2C:43-6(f). In such circumstances, the law requiring the mandatory extended ... 15 discretionary extended term and one mandatory extended term under N.J.S.A. 2C:43-6(f). Id. at 601. On appeal to this court, Robinson ... term. Id. at 610. The Court explained that [a]lthough N.J.S.A. 2C:43-6(f) prescribes the imposition of an extended term of ...

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