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76 STATE OF NEW JERSEY v. BRANDON W. VASHEY STATE OF NEW JERSEY v. DARYEL L. RAWLS, a/k/a DARRYL RAWLS, DARYEL C RAWLS DARYL RAWLS, and DERRYL RAWLS STATE OF NEW JERSEY v. DECTRIC J. RAWLS, a/k/a JERMAINE JEFFERSON, LO LO DETRIC RAWLS, DETRIC J RAWL -- rank: 709

... parole ineligibility the judge imposed for the weapons offense under N.J.S.A. 2C:43-6(c), was well within the range for second-degree offenses ... N.J.S.A. 2C:39-4.1(d), and N.J.S.A. 2C:43-6(c), and none of the aggravating factors the judge cited ... N.J.S.A. 2C:35-5(b)(2). See N.J.S.A. 2C:43-6(f) (providing that an individual convicted under N.J.S ... authorized by" N.J.S.A. 2C:43-7(c). N.J.S.A. 2C:43-6(f) also required "the imposition of a minimum term . . . fixed ... was less than the minimum ten-year term mandated by N.J.S.A. 2C:43-6(f). Therefore, under N.J.S.A. 2C:35-12 ... was greater than the minimum forty-month term required by N.J.S.A. 2C:43-6(f). 11 Therefore, N.J.S.A. 2C:35- ...

docket:	a1065-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	119946

77 STATE OF NEW JERSEY v. RICHARD PEREZ -- rank: 707

... LIFE, DEFENDANT WAS NOT ELIGIBLE FOR EXTENDED TERMS PURSUANT TO N.J.S.A. 2C:43-6.4e. (Not raised below). A. DEFENDANT WAS NOT ON PAROLE ... § 2. Defendant's current sentence was imposed pursuant to N.J.S.A. 2C:43-6.4(e), which provides in relevant part: A person who ... applies only to those on parole supervision for life. When N.J.S.A. 2C:43-6.4 was amended in 2003, the Senate Sponsor's Statement ... sections find authorization for the imposition of lifetime supervision in N.J.S.A. 2C:43-6.4. Both sections also provide for supervision by the "Division ... c). Even at the time defendant was sentenced in 1998, N.J.S.A. 2C:43-6.4(b) provided that those under community supervision "shall be ... for violating the conditions of supervision, on the grounds that N.J.S.A. 2C:43-6.4 was unconstitutionally vague because it did not make ...

docket:	a2848-11
court:	NJ Superior Court Appellate Division
decided:	2013-05-06
status:	unpublished
citation:
Document Size:	35577

78 J.K. v. New Jersey State Parole Board -- rank: 704

... community supervision shall be supervised as if on parole,” N.J.S.A. 2C:43-6.4(b) (2003) -- prevents the Board from permitting an international ... sentenced to Community Supervision for Life (CSL) in accordance with N.J.S.A. 2C:43-6.4. J.K. holds dual citizenship in the United States ... to conditions appropriate to protect the public and foster rehabilitation. [ N.J.S.A. 2C:43-6.4(b) (2003).] Since 2003, CSL has been replaced by ... of an unmanned aircraft system as defined in [that section]. [N.J.S.A. 2C:43-6.4(b).] 15 The Criminal Code thus includes a scheme ... community supervision shall be supervised as if on parole,” N.J.S.A. 2C:43-6.4(b) (2003) -- prevents the Board from permitting an international ... seeking to terminate supervision, which plainly under the language of N.J.S.A. 2C:43- 6.4(c) may be permitted only by a court. ...

docket:	a-76-19
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	50039

79 In the matter of the Civil Commitment of R.F. -- rank: 700

... that R.F. is subject to parole supervision for life, N.J.S.A. 2C:43-6.4; N.J.A.C. 10A:71-6.12. R ... penalties. 3 The court also imposed parole supervision for life, N.J.S.A. 2C:43-6.4, and noted that R.F. was subject to sex ... which will minimize any potential threat to public safety. See N.J.S.A. 2C:43-6.4; N.J.A.C. 10A:71-6.12(b ... the restrictions imposed by community supervision for life (CSL) under N.J.S.A. 2C:43-6.4 , will protect the community. 19 The restrictions of CSL ...

docket:	A-10-12
court:	NJ Supreme Court
decided:	2013-03-19
status:
citation:	217 N.J. 152 85 A.3d 979
Document Size:	156957

80 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 700

... allegation defendant's commission of the charged offenses also violated N.J.S.A. 2C:43-6.4(e). In pertinent part, the statute provides that individuals ... N.J.S.A. 2C:18-2(b)(1) and N.J.S.A. 2C:43-6.4(e).' Count two alleged defendant unlawfully entered X.D ... 2a, N.J.S.A. 2C:18- 2b(2), and N.J.S.A. 2C:43-6.4e.' The difference between the counts is that count one ... the crime was not then subject to the Graves Act, N.J.S.A. 2C:43-6(c).6 The superseding indictment properly charged as such, and ... L. 2007, c. 284, § 1. The Legislature also amended N.J.S.A. 2C:43-6(c) to require a person convicted of unlawful possession of ... and defendant was subject to a mandatory extended term under N.J.S.A. 2C:43-6.4(e). The court was clearly aware of the ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

81 State v. Samuel Ryan -- rank: 697

... for defendants who have committed more than one such offense. N.J.S.A. 2C:43-6(c). 4 stole cigarettes, food stamps, and $243 from a ...

docket:	a-65-20
court:	NJ Supreme Court
decided:	2022-02-07
status:
citation:
Document Size:	80501

82 of New Jersey v. Derrick Wayne Rose -- rank: 697

... for each degree, and a presumptive sentence at the midpoint. N.J.S.A. 2C:43-6. 17 In some instances extended terms may or must be imposed. N.J.S.A. 2C:43-6, -7, -3. The Code sentencing provisions also introduced the concept ... sentence may, or even must, be served before parole eligibility. N.J.S.A. 2C:43-6(b), -6(f), -7(b). Subsequently, the No Early Release ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

83 STATE OF NEW JERSEY v. C.E.L. -- rank: 697

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court.' Although it is posted on the internet, this opinion is binding only on the parties in ...

docket:	a5783-13
court:	NJ Superior Court Appellate Division
decided:	2018-08-31
status:	Unpublished
citation:
Document Size:	142423

84 STATE OF NEW JERSEY v. ISAIAH H. CHIA -- rank: 697

... term of imprisonment that includes a minimum term of incarceration. N.J.S.A. 2C:43-6(c). Each pled guilty to one count of second-degree ... imposed pursuant to the Graves Act "safety valve" exception under N.J.S.A. 2C:43-6.2 (section 6.2). Thereafter, each defendant filed a motion ... 228 N.J. 378 (2017), which addressed procedural issues regarding N.J.S.A. 2C:43-6.2. At our invitation, the parties filed supplemental briefs. In ... Chia argued: POINT I BECAUSE NANCE CLARIFIED THAT SENTENCING UNDER N.J.S.A. 2C:43-6.2 IS A TWO-STEP PROCESS AND MR. CHIA HAS ... valve" for the mandatory minimum term of incarceration imposed by N.J.S.A. 2C:43-6(c) of the Graves Act, "was enacted to authorize 'the ... 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 ...

docket:	a3718-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-14
status:	unpublished
citation:
Document Size:	45279

85 STATE OF NEW JERSEY v. ORLANDO TRINIDAD -- rank: 695

... misconduct suggests it is a serious crime requiring general deterrence. N.J.S.A. 2C:43-6.5. Accordingly, the judge found three mitigating factors and only ... of the sentencing range for a second-degree crime. See N.J.S.A. 2C:43-6(a) (stating '[i]n the case of a crime of ... five-year parole disqualifier for second-degree official misconduct under N.J.S.A. 2C:43- 6.5. The judge also compared the second-degree official misconduct ... sufficient repercussions to specifically deter him from committing an offense. N.J.S.A. 2C:43-6.5(a) requires the imposition of a mandatory five-year ... to deter such conduct in others[.]' A-3029-15T3 34 N.J.S.A. 2C:43-6.5(c)(2). When the court waives or reduces the ... considering whether to waive or reduce a mandatory term under N.J.S.A. 2C:43-6.5(a), a court should engage in an analysis ...

docket:	a3029-15
court:	NJ Superior Court Appellate Division
decided:	2018-09-17
status:	Unpublished
citation:
Document Size:	93117

86 STATE OF NEW JERSEY v. PAUL OLSVARY, -- rank: 695

... violation of a prior sentence of community supervision for life, N.J.S.A. 2C:43-6.4d, See footnote 1 1 defendant was sentenced to an extended term of three years on the N.J.S.A. 2C:43-6.4d conviction and a concurrent eighteen-month term on the ... because under N.J.S.A. 2C:14-3 or N.J.S.A. 2C:43-6.4e(1). ������������The defense relies on State v. Fair Lawn ... 43-7, the "to what" is not provided for an N.J.S.A. 2C:43-6.4d fourth-degree offense. A sentencing judge's discretion then ... the same amendment which provided for an extended term under N.J.S.A. 2C:43-6.4d violation of a community supervision for life, would the ... sentencing judge, are loath to frustrate the plain intent of N.J.S.A. 2C:43-6.4d is reversed and remanded for further proceedings consistent ...

docket:	A1471-01
court:	NJ Superior Court Appellate Division
decided:	2003-01-20
status:	published
citation:	357 N.J. Super. 206 814 A.2d 112
Document Size:	23551

87 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 693

... properly set at one-half of the sentence imposed under N.J.S.A. 2C:43-6(a). As we have already observed, the State conceded that ... defendant is sentenced to life as an extended term under N.J.S.A. 2C:43-6(f), "the court shall impose a minimum term of 25 ... under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a)(1), the sentence for a crime of the first ... imposed, during which the defendant shall be ineligible for parole." N.J.S.A. 2C:43-6(b) also provides for a minimum term of parole ineligibility ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133

88 STATE OF NEW JERSEY v. BRETT J. LANDES -- rank: 693

... A-1053-19T3 7 parole disqualifier under the Graves Act, N.J.S.A. 2C:43-6(c), on count one; a one-year concurrent term of ... Graves Act violation carrying a legislatively imposed enhanced penalty. See N.J.S.A. 2C:43-6(c). Consequently, defendant must provide compelling reasons justifying a downgrade ...

docket:	a1053-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-15
status:	Unpublished
citation:
Document Size:	58920

89 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 693

... properly set at one-half of the sentence imposed under N.J.S.A. 2C:43-6(a). As we have already observed, the State conceded that ... defendant is sentenced to life as an extended term under N.J.S.A. 2C:43-6(f), "the court shall impose a minimum term of 25 ... under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a)(1), the sentence for a crime of the first ... imposed, during which the defendant shall be ineligible for parole." N.J.S.A. 2C:43-6(b) also provides for a minimum term of parole ineligibility ...

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

90 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 693

... of their special sentences of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). Before the alleged CSL violations, the Legislature amended N.J.S.A. 2C:43-6.4. As applied, the amended law retroactively increased defendants' punishment ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111