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46 STATE OF NEW JERSEY v. MARK BOND -- rank: 555

... the time of the original sentencing and resentencing pursuant to N.J.S.A. 2C:35-14(4) and State v. Baylass , 114 N.J. 169 , 178 ... factors. Defendant was instead sentenced to special probation pursuant to N.J.S.A. 2C:35-14. This differs from the sentencing of regular probation, which requires ...

docket:	a3694-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-13
status:	unpublished
citation:
Document Size:	16032

47 DARRELL B. BROWN v. STATE OF NEW JERSEY MORRIS COUNTY OFFICE OF THE PUBLIC DEFENDER -- rank: 548

... as an alternative in the plea agreement.' Id. at 551; N.J.S.A. 2C:35-14(f)(4). Moreover, as previously explained, Brown's sentence was ...

docket:	a1811-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-03
status:	Unpublished
citation:
Document Size:	35618

48 STATE OF NEW JERSEY v. JEFFREY R. HILL, -- rank: 546

... The Drug Act's stated emphasis is not rehabilitation-oriented. N.J.S.A. 2C:35-14. For example, under 156 N.J. 525, 535-37 (1999 ...

docket:	a5056-97
court:	njappellate
decided:	1999-12-29
status:	published
citation:	327 N.J.Super. 33
Document Size:	14895

49 STATE OF NEW JERSEY v. WAYNE E. MEYERS -- rank: 546

... because the 2002 convictions rendered him statutorily ineligible pursuant to N.J.S.A. 2C:35-14(a)(6). In a June 25, 2018 order, the trial ... was 'statutorily ineligible for [d]rug [c]ourt pursuant to N.J.S.A. 2C:35-14(a)(6)'1 based on his prior convictions under the ... bar him from drug court in the future. 1 Under N.J.S.A. 2C:35-14(a)(6), a person is ineligible for drug court if ...

docket:	a3199-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-18
status:	Unpublished
citation:
Document Size:	41674

50 STATE OF NEW JERSEY v. ANTHONY SAXON -- rank: 546

... with intent to distribute within 1000 feet of school property, N.J.S.A. 2C:35-14 as a drug or alcohol dependent person seeking an alternate ... Sentence Defendant to a Long Term Rehabilitation Facility Pursuant to N.J.S.A. 2C:35-14." The motion was returnable on June 20, 2008, the same ... defense counsel advised the sentencing judge, "I had filed a [ N.J.S.A. 2C:]35-14 motion back on June 13[, 2008]. That motion did not ... a licensed rehab facility, [so it] would not comply with [ N.J.S.A. 2C:]35-14." Defense counsel then responded, "So I'm basically asking for ... satisfy the eligibility requirements for special probation set forth in N.J.S.A. 2C:35-14, or "otherwise be eligible under other sections of the Code ...

docket:	a1964-08
court:	NJ Superior Court Appellate Division
decided:	2010-03-23
status:
citation:
Document Size:	33409

51 STATE OF NEW JERSEY v. DAVON FORBES -- rank: 542

... bargain allowing him to proceed in Drug Court pursuant to N.J.S.A. 2C:35-14. He pled guilty to one count charging third-degree distribution ... 12, because defendant had received and violated special probation under N.J.S.A. 2C:35-14. We uphold the ruling both because we agree with the ... sentencing court, after the permanent revocation of special probation under N.J.S.A. 2C:35-14, is not required to impose the mandatory term of imprisonment ... difference in language and purpose of the special probation provision, N.J.S.A. 2C:35-14(f)(4). Bishop , supra , 429 N.J. Super. at 543 ...

docket:	a0793-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	20896

52 /usr/local/share/www/libweb/collections/courts/appellate/a1513-14.opn.html -- rank: 540

... prior version of the statute governing admission to Drug Court, " N.J.S.A. 2C:35-14(c) granted the prosecutor the right to object to an ... July 19, 2012, however, the Legislature repealed section (c) of N.J.S.A. 2C:35-14, thus removing the prosecutor's objection as an impediment to ... defendant to special probation. See P.L. 2012, c. 23 ( N.J.S.A. 2C:35-14); Maurer , supra , 438 N.J. Super. at 414. It is clear that under the current statutory framework of N.J.S.A. 2C:35-14, it is the sentencing court, not the prosecutor, who makes ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17178

53 STATE OF NEW JERSEY v. FAUSTINO E. ACOSTA JAQUEZ -- rank: 537

... defendant was facing rendered him ineligible for Recovery Court. See N.J.S.A. 2C:35-14(b)(1). Somohano also stated that the State 'flatly rejected ... have been reinstated, rendering him ineligible for Recovery Court. See N.J.S.A. 2C:35-14(b)(1). A-2077-20 9 The court subsequently sentenced ...

docket:	a2077-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-19
status:	Unpublished
citation:
Document Size:	24171

54 STATE OF NEW JERSEY v. D.W.S. -- rank: 529

... of decision not to admit offender into Drug Court under N.J.S.A. 2C:35-14). As in this case, the court may determine that a ...

docket:	a0502-14
court:	NJ Superior Court Appellate Division
decided:	2015-12-24
status:	unpublished
citation:
Document Size:	35870

55 STATE OF NEW JERSEY v. ADRIAN D. PETWAY -- rank: 520

... to his sentence for a violation of special probation under N.J.S.A. 2C:35-14 (Drug Court Statute). The sole issue presented in this appeal ... treatment facility, shall consider the recommendations of the treatment provider. [N.J.S.A. 2C:35-14(f)(4).] Similarly, Rule 3:21-8(b), states: A ... terms and conditions of Drug Court 'special probation' pursuant to N.J.S.A. 2C:35-14 . . . . The court, in determining the number of credits for time ... maintains the trial judge erred in applying the 'Reyes pre- N.J.S.A. 2C:35-14, and pre-amendment R[ule] 3:21-8 understanding of ...

docket:	a2538-17
court:	NJ Superior Court Appellate Division
decided:	2019-02-25
status:	Unpublished
citation:
Document Size:	21054

56 IN THE MATTER OF THE EXPUNGEMENT OF THE CRIMINAL RECORDS OF R.B.C. -- rank: 516

... the New Jersey Drug Court Program1 on February 23, 2016. N.J.S.A. 2C:35-14(m)(5) permits a Drug Court graduate to 'seek an ... letter, which was in the form of a checklist, cited N.J.S.A. 2C:35-14(m)(5) and stated, 'Municipal Ordinances are not eligible for ... an offense enumerated in Title 2C as set forth in N.J.S.A. 2C:35-14(m)(5). Thus, the attorney asserted that because petitioner was ... or dismissed Title 2C charges are eligible for expungement under N.J.S.A. 2C:35-14(m)(5). The court did not even engage with petitioner ... might resolve their dispute because that bill would have amended N.J.S.A. 2C:35-14(m)(5) to specifically state that municipal convictions are eligible ...

docket:	a0540-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-03
status:	Unpublished
citation:
Document Size:	14126

57 STATE OF NEW JERSEY v. OMAR T. CROSS -- rank: 511

... CURIAM After pleading guilty to a violation of special probation, N.J.S.A. 2C:35-14, defendant Omar T. Cross appeals from the September 14, 2010 ... applicable to resentencing a defendant whose special probation pursuant to N.J.S.A. 2C:35-14 has been permanently revoked." Special probation is "a separate and ... Bishop , Cross's sentence is controlled by and consistent with N.J.S.A. 2C:35-14(f), :35-7, :43-6(f), :43-7 and :44 ...

docket:	a3757-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-23
status:	unpublished
citation:
Document Size:	12115

58 STATE OF NEW JERSEY v. MARCELINO GARCIA -- rank: 511

... Defendant then applied for special Drug Court probation pursuant to N.J.S.A. 2C:35-14(a). A TASC1 evaluation concluded defendant 'manifest[ed] symptoms of ... State v. Clarke, 203 N.J. 166, 175 (2010) (citing N.J.S.A. 2C:35-14(a)(1)). Three of the nine factors most relevant to ... to the community will result from a special probationary sentence. N.J.S.A. 2C:35-14(a) (2), (3) and (9). In denying defendant's application ... to review for a patent and gross abuse of discretion. N.J.S.A. 2C:35- 14(c) (2009) (amended 2015); see also Clarke, 203 N.J ... abuse of prosecutorial discretion.'')). However, in 2012, the Legislature amended N.J.S.A. 2C:35-14 and repealed subsection (c). See State v. Hyland, 452 N ... court's 'consider[ation] [of] all relevant circumstances,' nothing more. N.J.S.A. 2C:35-14(a). Defendant's argument might have some merit, but ...

docket:	a0360-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-03
status:	Unpublished
citation:
Document Size:	21477

59 STATE OF NEW JERSEY v. RICKY GREENE -- rank: 507

... sentence imposed following permanent revocation of special probation pursuant to N.J.S.A. 2C:35-14. Oral argument on defendant's appeal from this sentence was ... substantially outweighed the mitigating, the judge determined that pursuant to N.J.S.A. 2C:35-14 the prosecutor had agreed that defendant, "a drug dependent person ... of probation. The judgment of conviction states: This is a N.J.S.A. 2C:35-14(a) sentence. As an alternative sentence to the Brimage [ 1 ... relies addresses sentencing following revocation of special probation authorized by N.J.S.A. 2C:35-14. State v. Baylass , 114 N.J. 169, 172-81 (1989 ... applicable to resentencing a defendant whose special probation pursuant to N.J.S.A. 2C:35-14 has been permanently revoked." State v. Bishop , ___ N.J. Super ...

docket:	a2031-11
court:	NJ Superior Court Appellate Division
decided:	2013-03-01
status:	unpublished
citation:
Document Size:	14797

60 STATE OF NEW JERSEY v. MARCOS A. CASTILLO HIDALGO -- rank: 505

... the Drug Court program because he was ineligible as factors N.J.S.A. 2C:35-14(a)(3),2 and N.J.S.A. 2C:35-14(a)(9)3 could not be established. On July 5 ... found defendant 'would pose a danger to the community' under N.J.S.A. 2C:35-14(a)(9). On October 18, 2019, the sentencing court confirmed ... file a direct appeal of his conviction or sentence. 2 N.J.S.A. 2C:35-14(a)(3) states a defendant can only be sentenced to ... to support the person's drug or alcohol dependency[.]' 3 N.J.S.A. 2C:35-14(a)(9) states a defendant can only be sentenced to ...

docket:	a2922-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-03
status:	Unpublished
citation:
Document Size:	37892