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61 STATE OF NEW JERSEY v. JOHN W. CREAMER, III -- rank: 707

... s motion for imposition of an extended term pursuant to N.J.S.A. 2C:44-3(a). The court sentenced defendant to forty years of incarceration ... persistent offender for purposes of extended-term sentencing pursuant to N.J.S.A. 2C:44-3(a). The court based this finding for defendant's 1995 ...

docket:	a0784-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	58573

62 STATE OF NEW JERSEY v. RASU LEE -- rank: 707

... a discretionary extended term as a persistent offender, pursuant to N.J.S.A. 2C:44-3(a). The judge sentenced defendant to a fourteen-year term ... a discretionary extended term as a persistent offender, pursuant to N.J.S.A. 2C:44-3(a). He argues, however, that the sentence imposed is excessive ... here, a defendant is eligible for an extended term under N.J.S.A. 2C:44-3(a), the court is authorized to impose a sentence that ...

docket:	a4920-16
court:	NJ Superior Court Appellate Division
decided:	2019-04-26
status:	Unpublished
citation:
Document Size:	39137

63 /usr/local/share/www/libweb/collections/courts/appellate/a5070-17.opn.html -- rank: 704

... N.J.S.A. 2C:43-7.1(a) and N.J.S.A. 2C:44-3(a). Although the judge agreed that defendant was eligible for ...

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64 STATE OF NEW JERSEY v. BRYAN T. ARLINE -- rank: 704

... We disagree. Defendant stipulates he was extended-term eligible under N.J.S.A. 2C:44-3(a) (persistent offender), N.J.S.A. 2C:43-6 ...

docket:	a1083-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-20
status:	Unpublished
citation:
Document Size:	48434

65 STATE OF NEW JERSEY v. ISMAEL MENDEZ -- rank: 704

... granted the State's application for a discretionary extended term, N.J.S.A. 2C:44-3(a), finding defendant to be a persistent offender. The judge ... imposed concurrent sentences on all counts. "The persistent offender statute, N.J.S.A. 2C:44-3(a), grants the sentencing [judge] discretion to impose an extended ... State v. Hudson , 209 N.J. 513 , 526 (2012) (quoting N.J.S.A. 2C:44-3). Defendant had two prior convictions, one for second-degree 4 ... eligible as a persistent offender for an extended term under N.J.S.A. 2C:44-3(a). If a court determines that a defendant qualifies as ...

docket:	a2286-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-07
status:	unpublished
citation:
Document Size:	51590

66 STATE OF NEW JERSEY v. JEFFREY PICKETT -- rank: 704

... was extended-term eligible, either as a persistent offender under N.J.S.A. 2C:44-3(a), or as a second Graves Act offender under N.J.S.A. 2C:44-3(d), and sentenced him to an aggregate life term with ... the defendant meeting the definition of a persistent offender under N.J.S.A. 2C:44- -3(a), and the previous 'firearm conviction' the defendant refers to ... a persistent off ender A-1329-21 7 pursuant to N.J.S.A. 2C:44-3(a), or as a second offender with a firearm pursuant ... A-1329-21 8 240, 246-47 (2000). Pursuant to N.J.S.A. 2C:44-3(a), an extended-term eligible persistent offender: is a person ...

docket:	a1329-21
court:	NJ Superior Court Appellate Division
decided:	2022-12-15
status:	Unpublished
citation:
Document Size:	19036

67 /usr/local/share/www/libweb/collections/courts/appellate/a4010-17.opn.html -- rank: 704

... the murder conviction 'to a mandatory extended term pursuant to N.J.S.A. 2C:44-3(d), which applies to a second offender with a firearm ... establish that [defendant] had a prior firearm conviction.' Pursuant to N.J.S.A. 2C:44-3, '[i]f the grounds specified in subsection d. are found ... attempting to commit [that] crime[], including the immediate flight therefrom.' N.J.S.A. 2C:44-3(d). A-4010-17T4 50 At sentencing, defendant, then thirty ...

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68 STATE OF NEW JERSEY v. HAKEEM S. GAMBLE -- rank: 702

... 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 ... must first, on application for discretionary enhanced-term sentencing under N.J.S.A. 2C:44-3(a), review and determine whether a defendant's criminal record ... met the minimum statutory requirements as a persistent offender under N.J.S.A. 2C:44- - 3 and, therefore, eligible for an extended term. The judge recounted ... record both to determine defendant's 'persistent offender' status under N.J.S.A. 2C:44-3(a) and to support the [judge's] finding of aggravating ...

docket:	a5556-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-23
status:	Unpublished
citation:
Document Size:	52057

69 State v. Edgar Torres -- rank: 699

... for an extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The court also merged each of the three unlawful ...

docket:	a-52-19
court:	NJ Supreme Court
decided:	2021-05-11
status:
citation:
Document Size:	74693

70 STATE OF NEW JERSEY v. LANCE D. BUNN -- rank: 697

... for a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a), and sentenced defendant to a prison term of eight ...

docket:	a2206-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-01
status:	Unpublished
citation:
Document Size:	30590

71 STATE OF NEW JERSEY v. ARCADIO J. NOVA -- rank: 697

... the State's motion for an extended term pursuant to N.J.S.A. 2C:44-3(a), and sentenced defendant. This appeal followed. On appeal, defendant ... the State's motion for an extended term pursuant to N.J.S.A. 2C:44-3(a). He also contends the judge failed to properly balance ... finding he was eligible for an extended term pursuant to N.J.S.A. 2C:44-3(a). The statute provides that an extended term may be ... eligible for an extended term as a persistent offender under N.J.S.A. 2C:44-3(a) because the State failed to establish that his New ... determination that defendant was eligible for an extended term under N.J.S.A. 2C:44-3(a). B. Defendant's Sentence Here, the trial judge essentially ...

docket:	a1915-15
court:	NJ Superior Court Appellate Division
decided:	2019-02-15
status:	Unpublished
citation:
Document Size:	61883

72 STATE OF NEW JERSEY v. MICHAEL CLARITY -- rank: 697

... the court was delivered by FISHER, P.J.A.D. N.J.S.A. 2C:44-3(a) permits imposition of an extended prison term when the ... to a four-year period of parole ineligibility, pursuant to N.J.S.A. 2C:44-3(a). 1 N.J.S.A. 2C:24-4(a ... J. 295, 314 (2016). The sentencing judge's interpretation of N.J.S.A. 2C:44-3(a) was erroneous for two reasons: (a) in determining whether ... reverse and remand for resentencing. A One avenue prescribed by N.J.S.A. 2C:44-3(a) for finding a defendant to be a persistent offender ... as the Legislature clearly stated – then this aspect of N.J.S.A. 2C:44-3(a) does not support the State's position that the ... which the judge was required to examine the application of N.J.S.A. 2C:44-3(a) was the July 26, 2003 Florida crime, not ...

docket:	a4831-16
court:	NJ Superior Court Appellate Division
decided:	2018-04-26
status:	published
citation:	454 N.J.Super. 603 186 A.3d 919
Document Size:	39613

73 /usr/local/share/www/libweb/collections/courts/appellate/a4230-11a4231-11.opn.html -- rank: 692

... ten years, and was therefore eligible for an extended term. N.J.S.A. 2C:44-3(a). At his hearing, the prosecution moved to have Komoroski ...

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court:	NJ Superior Court Law/Chancery Division
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74 STATE OF NEW JERSEY v. TIMOTHY A. HORNE -- rank: 692

... an extended term because defendant was a persistent offender. See N.J.S.A. 2C:44-3(a) (a person, at least twenty-one years old, 'who ...

docket:	a0448-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-24
status:	unpublished
citation:
Document Size:	84641

75 STATE OF NEW JERSEY v. MIGUEL A. GALVAN -- rank: 690

... a)(3), (6), 4 The plea form also incorrectly cited N.J.S.A. 2C:44-3(a). A-0282-21 12 (9), and (11), substantially outweighed ...

docket:	a0282-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	35266