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76 STATE OF NEW JERSEY v. FUQUAN STRIBLING -- rank: 748

... of which he has been convicted" under aggravating factor six, N.J.S.A. 2C:44-1(a)(6). However, the court predicated defendant's persistent offender ...

docket:	a1147-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-23
status:	unpublished
citation:
Document Size:	61883

77 STATE OF NEW JERSEY v. PRESTON O. TAYLOR -- rank: 748

... role in committing them was especially heinous, cruel, or depraved), N.J.S.A. 2C:44-1(a)(1); three A-2155-19 6 (risk of reoffending), N.J.S.A. 2C:44-1(a)(3); seven (pecuniary incentive), N.J.S.A. 2C:44-1(a)(7); and nine (need for deterrence), N.J.S.A. 2C:44- 1(a)(9); and mitigating factor twelve (cooperation with law enforcement), N.J.S.A. 2C:44-1(b)(12). The prosecutor contended that the aggravating factors outweighed ... factors seven (no history of prior delinquency or criminal activity), N.J.S.A. 2C:44-1(b)(7); eight (defendant's conduct is the result ...

docket:	a2155-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-17
status:	Unpublished
citation:
Document Size:	48915

78 STATE OF NEW JERSEY v. BRIAN D. AITKEN -- rank: 748

... sentencing. The sentencing judge found that aggravating factor nine applied, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant specifically and the public ... generally), but that it was offset by mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no history of prior delinquency or criminal activity), eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was result of circumstances unlikely to recur), nine, N.J.S.A. 2C:44-1(b)(9) (defendant is unlikely to recidivate), and ten, N.J.S.A. 2C:44-1(b)(10) (defendant would respond affirmatively to probationary treatment). The ...

docket:	a0467-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-30
status:	unpublished
citation:
Document Size:	91619

79 STATE OF NEW JERSEY v. MATTHEW J. BREWER -- rank: 746

... unlike a third-degree offense, triggers a presumption of incarceration. N.J.S.A. 2C:44-1(d). In sentencing, the court normally imposes the presumptive sentence, as set forth in N.J.S.A. 2C:44-1(f). State v. Balfour , 135 N.J. 30, 35 (1994 ... court must find "a preponderance of aggravating or mitigating factors." N.J.S.A. 2C:44-1(f). Balfour , supra , 135 N.J. at 35. Here, defendant ... various mitigating factors. Defense counsel specifically invoked to the court N.J.S.A. 2C:44-1(d), a provision which allows a court to sentence a ... which overrides the need to deter such conduct by others." N.J.S.A. 2C:44-1(d). Under this particular exception, the presumption of imprisonment may ... N.J. Super. 500, 508-10 (App. Div. 2003) (applying N.J.S.A. 2C:44-1(d)). Here, the sentencing judge was unpersuaded by defense ...

docket:	a3745-13
court:	NJ Superior Court Appellate Division
decided:	2016-12-14
status:	unpublished
citation:
Document Size:	47429

80 STATE OF NEW JERSEY v. O.P.-B -- rank: 746

... factors two, the gravity and seriousness of the harm inflicted, N.J.S.A. 2C:44-1(a)(2), three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterring defendant and others, N.J.S.A. 2C:44-1(a)(9). The court explained its reasons for each of ... the State's argument for application of aggravating factor four, N.J.S.A. 2C:44- - 1(a)(4), defendant took advantage of a position of trust ... mitigating factor seven, that defendant had no prior criminal history , N.J.S.A. 2C:44-1(b)(7). As to factor eight, that his conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), and mitigating factor nine, the character and ...

docket:	a0256-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-06
status:	Unpublished
citation:
Document Size:	52317

81 STATE OF NEW JERSEY v. MARIO J. ADAMS -- rank: 746

... support of its sentence, the court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense, and the role of the actor'); two, N.J.S.A. 2C:44-1(a)(2) ('gravity and seriousness of the harm inflicted on ... offender's knowledge of victim's incapacity to resist); three, N.J.S.A. 2C:44-1(a)(3) (risk of reoffending); six, N.J.S.A. 2C:44-1(a)(6) (prior record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter). Those factors substantially outweighed any ... The court adequately supported its finding of aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense and ...

docket:	a1021-14
court:	NJ Superior Court Appellate Division
decided:	2019-02-19
status:	Unpublished
citation:
Document Size:	76779

82 STATE OF NEW JERSEY v. JONATHAN HUTCHINSON -- rank: 744

... the second-degree convictions to third-degree crimes pursuant to N.J.S.A. 2C:44-1(f)(2). He does not disagree with the aggravating or ... of the crime for which he [or she] was convicted." N.J.S.A. 2C:44-1(f)(2) (emphasis added). The reasons for downgrading must be ... factor[s]": the risk that defendant will commit another offense, N.J.S.A. 2C:44�1(a)(3) and the need to deter defendant and others ...

docket:	a1377-05
court:	NJ Superior Court Appellate Division
decided:	2011-10-28
status:	unpublished
citation:
Document Size:	153575

83 STATE OF NEW JERSEY v. WAYNE E. MEYERS -- rank: 744

... offenses, which carry a maximum term of ten years. See N.J.S.A. 2C:44-1(a)(3), (9), (11); N.J.S.A. 2C:44-1(b)(7), (10). A-3199-18 6 In 2005, defendant ... overcome the presumption of incarceration for second-degree offenses. See N.J.S.A. 2C:44-1(d) (requiring the imposition of a sentence of imprisonment upon ... imprisonment as was presumptively required for second degree crimes under N.J.S.A. 2C:44-1(d)' and '[t]here was no legal basis for the ... one act of domestic violence on more than one occasion,' N.J.S.A. 2C:44-1(a)(15), the judge rejected the State's reliance on 'the statutory presumption of incarceration' contained in N.J.S.A. 2C:44-1(d) to support its position that a sentence of ...

docket:	a3199-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-18
status:	Unpublished
citation:
Document Size:	41674

84 STATE OF NEW JERSEY v. RHUMEIR D. MONEY -- rank: 744

... J. 317, 337 (2015). The court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the 'nature and circumstances of the offense' and ... committed in an especially heinous, cruel or depraved manner'); three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will reoffend); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence), and determined, 'on a ... they 'clearly, convincingly and substantially outweigh[ed]' mitigating factors three, N.J.S.A. 2C:44-1(b)(3) ('defendant acted under strong provocation'); five, N.J.S.A. 2C:44-1(b)(5) (the victim induced or facilitated the commission of the crime); and seven, N.J.S.A. 2C:44-1(b)(7) ('defendant has no history of prior delinquency ...

docket:	a5289-17
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	90031

85 State v. Michael D. Miller -- rank: 742

... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), because the pornography possessed and distributed by Miller ... committed in an especially heinous, cruel, or depraved manner.” N.J.S.A. 2C:44-1(a)(1). When it assesses whether a defendant’s conduct ... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), because the pornography possessed and distributed by Miller ... t]he nature and circumstances of the offense.” See N.J.S.A. 2C:44-1(a)(1). In applying aggravating factor one, the court noted ... aggravating factor two, the gravity of harm to the victim ( N.J.S.A. 2C:44-1(a)(2)); aggravating factor three, the risk “defendant will ... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not “‘ ...

docket:	a-70-17
court:	NJ Supreme Court
decided:	2019-02-20
status:
citation:	237 N.J. 15 203 A.3d 102
Document Size:	55711

86 STATE OF NEW JERSEY v. ANGEL E. CESAR -- rank: 742

... unfair. We disagree. Here, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of the defendant's prior criminal record and the seriousness of the offenses); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a0831-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	69939

87 State v. Mark Melvin -- rank: 740

... to an extended term based on his criminal history. See N.J.S.A. 2C:44- 1 The State dismissed Count IV prior to the start of ... to deter defendant and others from violating the law). See N.J.S.A. 2C:44-1(a)(3), (6), (9). The court did not apply any ... and mitigating factors and determined that aggravating factors three, five ( N.J.S.A 2C:44-1(a)(5), substantial likelihood that the defendant is involved in ... and nine applied. The court also applied mitigating factor seven, N.J.S.A 2C:44-1(b)(7) (no criminal history or substantial period of time ...

docket:	a-13-20
court:	NJ Supreme Court
decided:	2021-09-23
status:
citation:
Document Size:	88852

88 STATE OF NEW JERSEY v. ERIC PATTERSON -- rank: 740

... these matters to address both defendants' argument on appeal that N.J.S.A. 2C:44-1(b)(14), recently enacted by the Legislature, and which requires ... again. Twelve months after Patterson was sentenced, the Legislature enacted N.J.S.A. 2C:44-1(b)(14), establishing a new mitigating factor that may apply ... 110. 1. THE OCTOBER 19, 2020, STATUTORY AMENDMENT TO THE N.J.S.A. 2C:44- 1(B) LIST OF MITIGATING FACTORS. 2. DEFENDANT AND SIMILARLY SITUATED ... ONGOING, AND A REMAND IS PRACTICABLE. V. THE AMENDMENT TO N.J.S.A. 2C:44-1 SHOULD BE APPLIED TO DEFENDANT'S PENDING APPEAL UNDER THE ... factor five, the victim induced or facilitated defendant's conduct, N.J.S.A. 2C:44-1(b)(5), and factor eight, defendant's conduct was unlikely to reoccur, N.J.S.A. 2C:44-1(b)(8), should apply because his actions prior to ...

docket:	a1875-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-13
status:	Unpublished
citation:
Document Size:	40482

89 /usr/local/share/www/libweb/collections/courts/appellate/a1303-05_1.opn.html -- rank: 740

... of two of the aggravating factors found by the court, N.J.S.A. 2C:44-1(a)(2), the seriousness of the harm inflicted on the victim, and N.J.S.A. 2C:44-1(a)(9), the need for deterrence. He argues that his ... inadequate basis for the other two aggravating factors, which were N.J.S.A. 2C:44-1(a)(3), the risk that he would commit another offense, and N.J.S.A. 2C:44-1(a)(6), the extent of his record in conjunction with ... nature of the offense against a victim incapable of resistance, N.J.S.A. 2C:44-1(a)(2), the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), defendant's prior record, N.J.S. ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	68654

90 STATE OF NEW JERSEY v. LEE M. TRAVERS -- rank: 740

... found mitigating factor seven, defendant's prior law- abiding life, N.J.S.A. 2C:44-1(b)(7), but gave the mitigating factor 'very, very slight ... aggravating factors one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44- 1(a)(9). The court found factor one applied because the ...

docket:	a3277-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-02
status:	Unpublished
citation:
Document Size:	40608