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16 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 795

... impose an extended term sentence based on persistent offender status, N.J.S.A. 2C:44-3(a). The trial judge found three aggravating factors: N.J ... mitigating factors and ruled that Manuel was a persistent offender, N.J.S.A. 2C:44-3(a). Manuel was sentenced to an extended fifteen-year term ... already serving. After ruling that Candido was a persistent offender, N.J.S.A. 2C:44-3(a), the trial court found aggravating factors N.J.S ... S.A. 2C:39-7(b) do not merge. Finally, N.J.S.A. 2C:44-3(a) provides in part that an extended term as a ... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3(a).] However, only one extended term may be imposed, N ... discretionary extended terms on Candido, under the Persistent Offender Statute, N.J.S.A. 2C:44-3(a), were illegal sentences. We conclude Candido was eligible ...

docket:	a2227-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76421

17 STATE V. JOSEPH LEON HALISKI -- rank: 795

... February 12, 1981, the Legislature at the same time amended N.J.S.A. 2C:44-3 to proscribe the use of the persistent offender statute when ... term as required by N.J.S. 2C:43-6c." N.J.S.A. 2C:44-3. (emphasis added) Because the Legislature had decreed five years before ...

docket:	a-59-94
court:	njsupreme
decided:	1995-04-20
status:
citation:	140 N.J. 1
Document Size:	91045

18 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 795

... impose an extended term sentence based on persistent offender status, N.J.S.A. 2C:44-3(a). The trial judge found three aggravating factors: N.J ... mitigating factors and ruled that Manuel was a persistent offender, N.J.S.A. 2C:44-3(a). Manuel was sentenced to an extended fifteen-year term ... already serving. After ruling that Candido was a persistent offender, N.J.S.A. 2C:44-3(a), the trial court found aggravating factors N.J.S ... S.A. 2C:39-7(b) do not merge. Finally, N.J.S.A. 2C:44-3(a) provides in part that an extended term as a ... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3(a).] However, only one extended term may be imposed, N ... discretionary extended terms on Candido, under the Persistent Offender Statute, N.J.S.A. 2C:44-3(a), were illegal sentences. We conclude Candido was eligible ...

docket:	a1331-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76420

19 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 788

... for a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a). On November 30, 2018, the court heard the State ... 11 In his sentencing analysis, the judge incorrectly referred to N.J.S.A. 2C:44-3(a), and its interpretive caselaw, which pertains to discretionary extended ... may only be imposed 'upon application of the prosecuting attorney.' N.J.S.A. 2C:44-3. Moreover, ' N.J.S.A. 2C:44-5(a)(2 ... which likewise involved the sentencing of a persistent offender under N.J.S.A. 2C:44-3(a). 188 N.J. at 158. Here, the record supports ...

docket:
court:
decided:
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citation:
Document Size:	56095

20 State v. Rodney Bull -- rank: 783

... extended term) with eighteen years of parole ineligibility pursuant to N.J.S.A. 2C:44-3. 3 On indictment 1263 , a jury acquitted defendant of the ...

docket:	A-46-15
court:	NJ Supreme Court
decided:	2017-01-23
status:
citation:	227 N.J. 555 152 A.3d 942
Document Size:	54106

21 STATE OF NEW JERSEY IN THE INTEREST OF K.O., a minor -- rank: 776

... A. 2C:44-1(d) and (e); and extended terms, N.J.S.A. 2C:44-3. In some cases, Title 2C language is imported without substantive ... there are factors that do not have Title 2C counterparts. N.J.S.A. 2C:44-3(a), the Title 2C provision concerning extended sentences for "persistent ... S.A. 2A:4A-44(d)(3) echoes that of N.J.S.A. 2C:44-3(a), we find it very significant that, unlike the Title ... provision, it does not contain the word "previously." Thus, while N.J.S.A. 2C:44-3(a) speaks of "a person . . . who has been previously convicted ...

docket:	a0238-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	published
citation:	424 N.J. Super. 555 39 A.3d 202
Document Size:	32915

22 State v. Traci E. Stanton -- rank: 776

... 2C:43-7.1a and 7.2; the Graves Act, N.J.S.A. 2C:44-3. His reliance on our State Constitution ignores six prongs of ...

docket:	a-7-01
court:	njsupreme
decided:	2003-04-17
status:
citation:	176 N.J. 75
Document Size:	118185

23 STATE OF NEW JERSEY v. JASON A. DOTTS, III -- rank: 773

... sentencing, the judge determined defendant were persistent offenders, pursuant to N.J.S.A. 2C:44-3(a).6 He sentenced them to extended fifteen-year prison ... raises the following arguments for our consideration: POINT I 6 N.J.S.A. 2C:44-3(a) provides, in part: A persistent offender is . . . [someone who ... 4830-18 51 finds the defendant is a persistent offender. N.J.S.A. 2C:44-3(a). Once the criteria for a persistent offender are met ... clearly eligible for sentencing as a persistent offender pursuant to [ N.J.S.A.] 2C:44-3(a). The State's motion for an extended term as ...

docket:	a4830-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-01
status:	Unpublished
citation:
Document Size:	97873

24 State of New Jersey v. Robert R. Simon -- rank: 766

... used as part of the criteria for extended term sentencing, N.J.S.A. 2C:44-3, also be used when considering sentencing issues related to murder ...

docket:	a-149-97
court:	njsupreme
decided:	1999-08-11
status:
citation:	161 N.J. 416
Document Size:	211768

25 STATE OF NEW JERSEY v. HAKEEM MALONEY -- rank: 764

... he was extended term eligible as a persistent offender under N.J.S.A. 2C:44-3(a), the judge sentenced him on count one, conspiracy to ... was extended term eligible as a second firearm offender under N.J.S.A. 2C:44-3(d), the judge sentenced Jones on count one, conspiracy to ...

docket:	a2313-18
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	140231

26 STATE OF NEW JERSEY v. ROLAND E. AMOS -- rank: 757

... for an extended term both as a persistent offender under N.J.S.A. 2C:44-3(a), and as a second- time firearm offender under N.J.S.A. 2C:44-3(d). The judge found aggravating factor one, N.J.S ...

docket:	a4777-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-13
status:	Unpublished
citation:
Document Size:	57113

27 State v. Samuel Ryan -- rank: 749

... limited the definition of recidivists under the persistent offender statute, N.J.S.A. 2C:44-3(a), to defendants over the age of twenty-one who ... turning eighteen reinforces, rather than undermines, the Court’s conclusion. N.J.S.A. 2C:44-3(a) illustrates plainly that the Legislature knows how to establish ... Finally, defendant argues that because the “persistent offender” statute, N.J.S.A. 2C:44-3(a), defines recidivists as defendants over the age of twenty ... limited the definition of recidivists under the persistent offender statute, N.J.S.A. 2C:44-3(a), to defendants over the age of twenty-one who ... occasions since then without alteration to the age requirement. See N.J.S.A. 2C:44-3(a).9 Yet, despite its attention to the age limits ... attentiveness to the statute’s age requirements when it amended N.J.S.A. 2C:44-3(a) “to clarify that the defendant must be ...

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

28 State v. David Bass -- rank: 745

... sentences for first-degree crimes at ten to twenty years); N.J.S.A. 2C:44-3(a) (rendering persistent offenders eligible for extended sentences); N.J ... 2d 694 (1966). 2 Pursuant to the persistent offender statute, N.J.S.A. 2C:44-3(a), the trial court sentenced defendant to an extended-term ...

docket:	A-118-13
court:	NJ Supreme Court
decided:	2016-03-07
status:
citation:	224 N.J. 285 132 A.3d 1207
Document Size:	160370

29 STATE OF NEW JERSEY v. JAMIRE D. WILLIAMS -- rank: 745

... the State's application for a mandatory extended term under N.J.S.A. 2C:44-3(d) (second offender with a firearm), the trial judge appropriately ... for a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a), the trial judge found A-5229-18 39 aggravating ... hearing, because Kelly qualified as a persistent offender pursuant to N.J.S.A. 2C:44- -3(a), his sentencing exposure was a term of imprisonment between ... recited Kelly's sentencing exposure thusly: 'Because the defendant satisfies N.J.S.A. 2C:44-3(a), he is eligible to be sentenced under N.J ...

docket:	a5229-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	73202

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

... A. 2C:43-6(f) or the discretionary provisions of N.J.S.A. 2C:44-3(a). In addition, the defendant contends that the court 'fail ... A. 2C:43-6(f), or a discretionary term under N.J.S.A. 2C:44-3(a). Based on our review of the record we disagree ...

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