Search Rutgers Law Library N.J. Court Opinions

76 STATE OF NEW JERSEY v. WALEK P. DUNLAP -- rank: 690

... an 'extended term.' 530 U.S. at 468–69 (quoting N.J.S.A. 2C:44-3(e) (repealed 2001)). The Court concluded the extended-term sentencing ... confinement for purposes of determining, under the persistent offender statute , N.J.S.A. 2C:44-3(a), whether the defendant had been released from confinement within ...

docket:	a4526-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-06
status:	Published
citation:
Document Size:	52486

77 STATE OF NEW JERSEY v. ANTWAN J. HORTON -- rank: 690

... State's motion to impose a discretionary extended term. See N.J.S.A. 2C:44-3(a). In considering the sentencing criteria under N.J.S ... undisputed that he met all of the statutory requirements under N.J.S.A. 2C:44-3(a). Because defendant was statutorily eligible, he 'could lawfully be ...

docket:	a1722-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-15
status:	Unpublished
citation:
Document Size:	90029

78 STATE OF NEW JERSEY v. ERICK WHORLINE -- rank: 690

... agreement. Defendant was extended-term eligible as a persistent offender. N.J.S.A. 2C:44-3(a). Depending on the offense for which he was convicted, he may have been extended-term mandatory. N.J.S.A. 2C:44-3, -3(d). In short, defendant failed to make a prima ...

docket:	a5821-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-01
status:	unpublished
citation:
Document Size:	47860

79 STATE OF NEW JERSEY v. RAQUIL K. CLARK -- rank: 688

... if the defendant is eligible within the statutory criteria of N.J.S.A. 2C:44-3(a); 3 (2) determine if an extended sentence will be ... and that defendant then tries to steal his bag. 3 N.J.S.A. 2C:44-3(a) provides in part: A persistent offender is a person ...

docket:	a0216-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-14
status:	unpublished
citation:
Document Size:	54655

80 STATE OF NEW JERSEY v. DAREL ASHLEY -- rank: 688

... a two-and-one-half year period of parole ineligibility. N.J.S.A. 2C:44-3 provides that, upon application, a sentencing judge may impose an ... of the crime for which the court is imposing sentence. N.J.S.A. 2C:44-3(a). If a defendant satisfies the criteria for a persistent ...

docket:	a4849-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-23
status:	unpublished
citation:
Document Size:	84765

81 STATE OF NEW JERSEY v. GREGORY CLARK -- rank: 688

... date of the crime for which defendant is being sentence. [ N.J.S.A. 2C:44-3(a).] The ordinary term of imprisonment for a third degree ...

docket:	A3213-03
court:	NJ Superior Court Appellate Division
decided:	2006-01-30
status:	unpublished
citation:
Document Size:	189061

82 STATE OF NEW JERSEY v. ROBERT SMALL -- rank: 688

... 25, 2008, the court sentenced defendant as a persistent offender, N.J.S.A. 2C:44-3(a), imposing on count one a thirty-five-year term ... imposed an extended term, pursuant to the persistent offender statute, N.J.S.A. 2C:44-3(a). We review sentencing decisions not to substitute our own ...

docket:	a3552-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-07
status:	unpublished
citation:
Document Size:	76694

83 /usr/local/share/www/libweb/collections/courts/appellate/a5128-18.opn.html -- rank: 688

... extended term of imprisonment as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). On the second-degree unlawful possession of a firearm ... to invoke an extended term as a persistent offender under N.J.S.A. 2C:44-3(a) and also as the basis for finding aggravating factors ... of the crime for which the defendant is being sentenced. [N.J.S.A. 2C:44-3(a).] 25 A-5128-18 In State v. Tillery, our ... record both to determine defendant's 'persistent offender' status under N.J.S.A. 2C:44-3(a) and to support the court's finding of aggravating ... 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 ...

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84 /usr/local/share/www/libweb/collections/courts/appellate/a0850-18.opn.html -- rank: 685

... last prior crime [w]as the equivalent of 'confinement'' under N.J.S.A. 2C:44-3(a), permitting 'imposition of an extended prison term when the ... cannot be considered to be confined within the meaning of N.J.S.A. 2C:44-3(a),' id. at 611 (footnote omitted), because '[b]eing on ... the same as being 'confine[d]' within the meaning of N.J.S.A. 2C:44-3(a).' Id. at 609 (second alteration in original). Acknowledging that ... year crime-free life anticipated by our Legislature when enacting N.J.S.A. 2C:44-3(a). 4 On the other hand, the underlying rationale for ...

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85 STATE OF NEW JERSEY v. ANTHONY WHITE -- rank: 685

... cited the protection of the public. "The persistent offender statute, N.J.S.A. 2C:44-3(a), grants the sentencing court discretion to impose an extended ... first, second or third degree and is a persistent offender. [ N.J.S.A. 2C:44-3(a).] A "persistent offender" is defined as: a person who ...

docket:	a1555-14
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	53998

86 STATE OF NEW JERSEY v. RALPH BAKER -- rank: 685

... count two, the court sentenced defendant as a persistent offender, N.J.S.A. 2C:44-3(a), to an extended term of life imprisonment, with concurrent ... as a A-2327-19 6 persistent offender pursuant to N.J.S.A. 2C:44-3(a).1 Nor did he argue that the trial court ... of the crime for which the defendant is being sentenced.' N.J.S.A. 2C:44-3(a). Defendant was convicted of multiple armed robberies in Essex ...

docket:	a2327-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-17
status:	Unpublished
citation:
Document Size:	38690

87 STATE OF NEW JERSEY v. TERRELL HAYWOOD -- rank: 683

... present offense while over the age of twenty-one. See N.J.S.A. 2C:44-3(a). Defendant does not appeal this aspect of the sentence ...

docket:	a3074-17
court:	NJ Superior Court Appellate Division
decided:	2020-10-30
status:	Unpublished
citation:
Document Size:	86611

88 STATE OF NEW JERSEY v. PEDRO SOLER -- rank: 683

... N.J.S.A. 2C:43-6.4(e), and N.J.S.A. 2C:44-3(a), merged the two convictions, and sentenced defendant to eighteen ... eligible for an extended term as a persistent offender. See N.J.S.A. 2C:44-3(a) (defining "persistent offender"). Additionally, the judge concluded that defendant ... that defendant was eligible for an extended term pursuant to N.J.S.A. 2C:44-3(a). When imposing a discretionary extended term under that statute ...

docket:	a3533-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-30
status:	unpublished
citation:
Document Size:	43945

89 STATE OF NEW JERSEY v. FRANK J. SMITH -- rank: 683

... count one, defendant received an extended term of life imprisonment, N.J.S.A. 2C:44-3(a), including an eighty-five percent parole disqualifier pursuant to ... term on the basis that defendant was a persistent offender. N.J.S.A. 2C:44-3(a). Once that threshold is met, a judge is at ...

docket:	a2955-07
court:	NJ Superior Court Appellate Division
decided:	2013-10-22
status:	unpublished
citation:
Document Size:	49935

90 STATE OF NEW JERSEY v. DANIEL A. MEDINA -- rank: 683

... carried the prospect of an extended term life sentence. See N.J.S.A. 2C:44-3(a). Dismissal of those charges following a successful motion to ...

docket:	a1390-19
court:	NJ Superior Court Appellate Division
decided:	2021-08-11
status:	Unpublished
citation:
Document Size:	66262