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31 STATE OF NEW JERSEY v. ANTHONY S. CLARK -- rank: 742

... State requested the court impose a persistent offender extended term N.J.S.A. 2C:44-3(a) on the robbery conviction pursuant to N.J.S.A. 2C:44-3(a), based on defendant's two prior felony convictions for ...

docket:	a0926-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-21
status:	Unpublished
citation:
Document Size:	105362

32 STATE OF NEW JERSEY v. STEVEN P. RINCK -- rank: 738

... to a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a). The court merged counts five, seven, eight, nine and ... s motion for the court to exercise its discretion under N.J.S.A. 2C:44-3(a), and sentence defendant in the extended term for a ... defendant's eligibility for sentencing as a persistent offender under N.J.S.A. 2C:44-3(a), see State v. Hudson, 209 N.J. 513, 526 ...

docket:	a3708-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-23
status:
citation:
Document Size:	76630

33 STATE OF NEW JERSEY v. LUIS HERNANDEZ -- rank: 738

... a discretionary extended-term sentence as a persistent offender under N.J.S.A. 2C:44-3(a) on count one. The court merged count five into ... first analyzed whether defendant was extended term eligible. The statute, N.J.S.A. 2C:44-3(a), affords the sentencing court the discretion to impose an ... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3(a).] The Code provided no further standard to guide the ... judge determined defendant qualified as a persistent offender, defined by N.J.S.A. 2C:44-3(a), and that an extended term should be imposed, stating ... of CDS, fell within the ten year period delineated by N.J.S.A. 2C:44-3(a), making defendant extended-term eligible. The trial judge correctly ...

docket:	a5489-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	49158

34 State v. Sally A. McDonald -- rank: 738

... that McDonald met the requirements of a persistent offender under N.J.S.A. 2C:44-3, but argued that pursuant to N.J.S.A. 2C ...

docket:	A-56-10
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:
Document Size:	51641

35 STATE OF NEW JERSEY v. AHMAD H. HUSEIN -- rank: 735

... s motion to sentence defendant as a persistent offender under N.J.S.A. 2C:44-3(a), and imposed concurrent, rather than consecutive, sentences as authorized ...

docket:	a4557-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-08
status:	Unpublished
citation:
Document Size:	55000

36 State v. Robert McQuaid -- rank: 735

... could have sentenced him as a persistent offender, pursuant to N.J.S.A. 2C:44-3. See State v. Dunbar , 108 N.J. 80 , 87-91 ...

docket:	a-11-96
court:	njsupreme
decided:	1997-02-19
status:
citation:	147 N.J. 464
Document Size:	100007

37 STATE OF NEW JERSEY v. MICHAEL W. WILLIAMS -- rank: 733

... for an extended term on first- degree kidnapping pursuant to N.J.S.A. 2C:44-3(a) as a persistent offender. In addition to identifying the ... v. Roth, 95 N.J. 334, 364-65 (1984)). 'Under N.J.S.A. 2C:44-3, the [judge] may, on application by the prosecutor, sentence a ... record both to determine defendant's 'persistent offender' status under N.J.S.A. 2C:44-3(a) and to support A-4935-18 40 the [judge ...

docket:	a4935-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-07
status:	Unpublished
citation:
Document Size:	72360

38 STATE OF NEW JERSEY v. DAWSHON FITZGERALD -- rank: 733

... State v. Thomas , 195 N.J. 431 , 436 (2008) (citing N.J.S.A. 2C:44-3). Dawshon asserts that this condition was violated because the State ...

docket:	a5134-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	unpublished
citation:
Document Size:	144721

39 STATE OF NEW JERSEY v. DAWUD FITZGERALD -- rank: 733

... State v. Thomas , 195 N.J. 431 , 436 (2008) (citing N.J.S.A. 2C:44-3). Dawshon asserts that this condition was violated because the State ...

docket:	a5810-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	unpublished
citation:
Document Size:	144718

40 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 733

... State v. Thomas , 195 N.J. 431 , 436 (2008) (citing N.J.S.A. 2C:44-3). Dawshon asserts that this condition was violated because the State ...

docket:	a5814-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-15
status:	unpublished
citation:
Document Size:	144721

41 STATE OF NEW JERSEY v. DALE BURNETT -- rank: 730

... filed a motion for an extended term sentence pursuant to N.J.S.A 2C:44-3(a). However, the trial court instead invoked N.J.S ... prior to the 1980 murder conviction in ruling on the N.J.S.A. 2C:44-3 motion. Counsel was appointed to represent defendant. On June 24 ... at the time, to impose an extended term sentence under N.J.S.A. 2C:44-3. In fact, the sentencing court chose to base the enhanced sentence not on N.J.S.A. 2C:44-3 but on N.J.S.A. 2C:43-7. At ... base the extended sentence on the 1981 murder conviction under N.J.S.A. 2C:44-3(a). "The persistent offender statute, N.J.S.A. 2C:44-3(a), grants the sentencing court discretion to impose an ...

docket:	a1208-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-02
status:	unpublished
citation:
Document Size:	21477

42 STATE OF NEW JERSEY v. DAVID T. POMIANEK, JR -- rank: 728

... religion, sexual orientation or ethnicity pursuant to subsection e. of N.J.S.[A. ] 2C:44-3 in the commission of the crime shall charge this purpose ... decided June 26, 2000) which held unconstitutional subsection e. of N.J.S.[A. ] 2C:44-3 which authorizes the imposition of an extended term of imprisonment ...

docket:	a2694-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-30
status:	published
citation:	429 N.J.Super. 339 58 A.3d 1205
Document Size:	82068

43 STATE OF NEW JERSEY v. LEWIS HOOPER -- rank: 726

... qualified for extended-term sentencing as a persistent offender. See N.J.S.A. 2C:44-3(a). Near the time of defendant's arraignment, the State ...

docket:	a3436-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-10
status:	Published
citation:	459 N.J.Super. 157 208 A.3d 38
Document Size:	63754

44 /usr/local/share/www/libweb/collections/courts/appellate/a3389-11.opn.html -- rank: 726

... a discretionary extended term as a persistent offender, pursuant to N.J.S.A. 2C:44-3(a). The court merged the convictions for aggravated manslaughter and ... finding defendant met the persistent offender criteria set forth at N.J.S.A. 2C:44-3(a). 5 He was twenty-seven years old at the ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 5 N.J.S.A. 2C:44-3(a) defines a "persistent offender" as a person who at ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	79025

45 STATE OF NEW JERSEY v. MICHAEL MITCHELL -- rank: 726

... impose a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a). On attempted murder, Judge Clark sentenced defendant to a ... App. Div. 2022). With respect to the extended term sentence, N.J.S.A. 2C:44-3(a) provides: A-5558-18 36 The court may, upon ... of the crime for which the defendant is being sentenced. [N.J.S.A. 2C:44-3(a).] Defendant met the statutory definition of a persistent offender ... within its discretion in imposing an extended term sentence under N.J.S.A. 2C:44-3(a). See Tillery, 238 N.J. at 323–24; State ...

docket:	a5558-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-09
status:	Unpublished
citation:
Document Size:	68202