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91 0STATE OF NEW JERSEY v. JEROME J. HOLMES -- rank: 683

... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3(a).] The range of an extended-term sentence for a ... of the crime for which defendant was being sentenced. See N.J.S.A. 2C:44-3(a). Accordingly, the judge correctly determined that defendant was a ...

docket:	a3147-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	27776

92 STATE OF NEW JERSEY v. JULIAN MORALES a/k/a BIENGENID GUETIERRE a/k/a BENITO GUITERRES a/k/a BEN GUITERRES a/k/a BIENGENID GUTIERRES a/k/a DAGOBERTO R POZO a/k/a BEN GUTIERRES a/k/a JULIO HERNANDEZ -- rank: 680

... term because he qualified as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). After merging the other offenses, the court sentenced defendant ... has been previously convicted on at least two separate occasions." N.J.S.A. 2C:44-3(a). Defendant conceded at sentencing that his prior convictions were ... protection of the public,' has produced a sentencing practice under N.J.S.A. 2C:44-3(a) that seemingly conflicts with Sixth Amendment principles." State v ...

docket:	a1704-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	45944

93 STATE OF NEW JERSEY v. SHILOH SMITH -- rank: 678

... term on the second-degree public building charge pursuant to N.J.S.A. 2C:44-3(a). 3 Because the State wished to seek an extended ... 09-04-00595. Defendant at that time was sentenced under N.J.S.A. 2C:44-3(a) to fourteen years' incarceration, subject to seven years of ...

docket:	a0574-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	52861

94 STATE OF NEW JERSEY v. TERRI BAILEY -- rank: 676

... moved to sentence him as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The judge granted the State's motion and sentenced ... 39 crimes if previously convicted of certain crimes enumerated in N.J.S.A. 2C:44- - 3(d). The judge denied this motion, finding subsection (j) was ...

docket:	a1513-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	48034

95 /usr/local/share/www/libweb/collections/courts/appellate/a1867-19.opn.html -- rank: 676

... the gold store). He was sentenced as a persistent offender, N.J.S.A. 2C:44-3(a), to an extended prison term of seven-years subject ... a seven-year extended term sentence as a persistent offender, N.J.S.A. 2C:44-3(a), and a three-and- one-half-year period of ... which the defendant is being sentenced. A-1867-19 11 [N.J.S.A. 2C:44-3(a).] Defendant correctly notes the only predicate offense mentioned by ... a predicate offense for imposing a persistent offender extended term, N.J.S.A. 2C:44-3(a), and as a basis for finding an aggravating factor ...

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96 STATE OF NEW JERSEY v. JOSE D. GRAHAM, -- rank: 673

... to withdraw its motion for a discretionary extended term sentence, N.J.S.A. 2C:44-3, for his convictions under the 2015 indictment, and recommend an ...

docket:	a2432-16
court:	NJ Superior Court Appellate Division
decided:	2018-08-09
status:
citation:
Document Size:	59904

97 /usr/local/share/www/libweb/collections/courts/appellate/a1284-18.opn.html -- rank: 673

... The trial court sentenced defendant as a persistent offender under N.J.S.A. 2C:44-3(a). Defendant concedes that he qualified for a discretionary extended ... c); N.J.S.A. 2C:43-7(a)(1); N.J.S.A. 2C:44-3; see also State v. Pierce, 188 N.J. 155, 169 ...

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98 /usr/local/share/www/libweb/collections/courts/supreme/a-56-57-21.opn.html -- rank: 673

... an extended term of imprisonment on a persistent offender under N.J.S.A. 2C:44-3). 33 N.J. at 267-68. In that regard, we ...

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99 STATE OF NEW JERSEY v. MICHAEL M. WINTERS -- rank: 673

... to have defendant sentenced as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The court merged defendant's conspiracy convictions with his ... to discretionary enhanced-term sentencing" of persistent offenders, pursuant to N.J.S.A. 2C:44-3(a). But before defendant was sentenced, the Court revised the ... the offense and the defendant's role in its commission, N.J.S.A. 2C:44-3(a)(1). Instead, the court found mitigating factor (2), which ...

docket:	a2111-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-03
status:	unpublished
citation:
Document Size:	38359

100 /usr/local/share/www/libweb/collections/courts/supreme/a2803-14.opn.html -- rank: 673

... State's motion to impose an extended term pursuant to N.J.S.A. 2C:44-3(a), based on defendant's status as a persistent offender ...

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court:	NJ Superior Court Law/Chancery Division
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101 STATE OF NEW JERSEY v. J.C. -- rank: 673

... 3b (count five). Defendant was sentenced to an extended term, N.J.S.A. 2C:44-3(a), of eighteen- years imprisonment with nine years of parole ... defendant was eligible for sentencing as a persistent offender under N.J.S.A. 2C:44-3(a), which provides: A persistent offender is a person who ... motion to sentence defendant as a persistent offender pursuant to N.J.S.A. 2C:44-3(a), the judge "double counted" defendant's criminal record. Given ...

docket:	a1121-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-11
status:	unpublished
citation:
Document Size:	57775

102 State v. Charles Apprendi, Jr. -- rank: 673

... the judgment of the Appellate Division sustaining the constitutionality of N.J.S.A. 2C:44-3 which at the time of defendant's offenses provided:             The ...

docket:	a-164-97
court:	njsupreme
decided:	1999-06-24
status:
citation:	159 N.J. 7
Document Size:	115562

103 /usr/local/share/www/libweb/collections/courts/appellate/a4710-16.opn.html -- rank: 673

... s motion for the court to exercise its discretion under N.J.S.A. 2C:44- 3(a) and sentenced defendant to an aggregate term of eighteen ... 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 ...

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court:	NJ Superior Court Law/Chancery Division
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104 STATE OF NEW JERSEY v. CHARLES P. MCCOY -- rank: 669

... a motion for imposition of an extended term pursuant to N.J.S.A. 2C:44-3. The court granted the State's motion and sentenced defendant ... court found defendant was eligible for an extended term under N.J.S.A. 2C:44-3 as a persistent offender. The court further found aggravating factors ...

docket:	a5467-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:
Document Size:	31977

105 STATE OF NEW JERSEY v. JAMA SMITH -- rank: 669

... was required to do by the language of the statute. N.J.S.A. 2C:44-3 provides in relevant part: If the grounds specified in subsection ...

docket:	a2146-06
court:	superior court appellate division
decided:	2010-08-04
status:	Unpublished
citation:
Document Size:	119136