Search Rutgers Law Library N.J. Court Opinions

136 STATE OF NEW JERSEY v. ELIJAH J. HOLLOWAY -- rank: 644

... from the sentence imposed by the Law Division pursuant to N.J.S.A. 2C:43-6.2 (the Graves Act "escape valve"). We reverse and remand ... State filed a motion before the Assignment Judge, pursuant to N.J.S.A. 2C:43-6.2, seeking to exempt defendant from the mandatory three-year ... exempted from the mandatory penalty associated with a violation of N.J.S.A. 2C:43-6 . . . ." The order was modified to remove the State's proposed ... raised by defendant on appeal. Pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), any person convicted of the unlawful possession of a ... harsh." Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2 (2015). In State v. Alvarez , 246 N.J. Super. 137 , 145 (App. Div. 1991), we noted that, under N.J.S.A. 2C:43-6.2, the Assignment Judge has the ultimate sentencing responsibility, ...

docket:	a1265-14
court:	NJ Superior Court Appellate Division
decided:	2015-10-27
status:	unpublished
citation:
Document Size:	24883

137 State v. Sally A. McDonald -- rank: 641

... for a second-degree offense is five to ten years, N.J.S.A. 2C:43-6(a)(2), the extended term range for a second-degree ...

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

138 STATE OF NEW JERSEY v. CARL J. HOLDREN -- rank: 641

... S.A. 2C:43-7.2, and the Graves Act, N.J.S.A. 2C:43-6, for the murder of Montgomery (count six). The trial court ...

docket:	a5071-13
court:	NJ Superior Court Appellate Division
decided:	2017-09-01
status:	unpublished
citation:
Document Size:	101981

139 STATE OF NEW JERSEY v. LAMAR WOODWARD -- rank: 639

... State had not applied for an extended term pursuant to N.J.S.A. 2C:43-6(f). That statute provides, in pertinent part, that upon the ... of an offense under chapter 35 of our Criminal Code. N.J.S.A. 2C:43-6(f). However, even if such an application were made, the ... N.J. 159 (1996), the Court affirmed the constitutionality of N.J.S.A. 2C:43-6(f), in light of the statewide guidelines issued by the ... apply for an extended term against a repeat offender of N.J.S.A. 2C:43-6(f). Brimage Guidelines at ix ("The provisions of Attorney General ... clear that a prosecutor must seek an extended term under N.J.S.A. 2C:43-6(f) in all cases where that statute applies unless there ... is eligible for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6(f) by virtue of defendant's having previously been ...

docket:	a5980-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-23
status:	unpublished
citation:
Document Size:	41850

140 STATE OF NEW JERSEY v. LUIS DEL ORBE -- rank: 639

... degree kidnapping, N.J.S.A. 2C:15-1 and N.J.S.A. 2C:43-6.3, (section 6.3) the "escape valve" provision of the ... of subsection b. of N.J.S. 2C:43-2. [ N.J.S.A. 2C:43-6.3.] The statute provides for relief from the imposition of ... Super. 137 (App. Div. 1991), we addressed the constitutionality of N.J.S.A. 2C:43-6.2 (section 6.2), a companion provision to section 6 ... discriminatory." Cannel, New Jersey Criminal Code Annotated , comment 2 on N.J.S.A. 2C:43-6.2. See also State v. Mastapeter , 290 N.J. Super ...

docket:	a6341-06
court:	superior court appellate division
decided:	2010-07-02
status:	Unpublished
citation:
Document Size:	32031

141 STATE OF NEW JERSEY v. AMR M. ELSOBKY -- rank: 639

... agreement, the remaining charges were dismissed, the prosecutor moved under N.J.S.A. 2C:43-6.2 to waive the mandatory prison term required by N.J.S.A. 2C:43-6(c), and the prosecutor sought probation conditioned on 180 days ...

docket:	a5222-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-01-30
status:	Published
citation:
Document Size:	44746

142 STATE OF NEW JERSEY v. NISEES INGRAM -- rank: 639

... pleading guilty, defendant did not "cooperate with law enforcement authorities[.]" N.J.S.A. 2C:43-6. We remand the matter to the trial court for re ...

docket:	a0812-07
court:	NJ Superior Court Appellate Division
decided:	2009-06-15
status:	unpublished
citation:
Document Size:	106252

143 In the Matter of Registrant H.D. -- rank: 639

... under another statute, it did so in precise terms. Under N.J.S.A. 2C:43-6.4(c), individuals may apply for PSL relief “upon ... was also sentenced to community supervision for life pursuant to N.J.S.A. 2C:43-6.4. “A 2003 amendment to N.J.S.A. 2C:43-6.4 replaced all references to ‘community supervision for life� ... since the last conviction or release from incarceration.” (quoting N.J.S.A. 2C:43-6.4(c)). In their view, the absence of similar language ... Perez, 220 N.J. at 437. A 2003 amendment to N.J.S.A. 2C:43-6.4 replaced references to 12 another statute, it did so in precise terms. Under N.J.S.A. 2C:43-6.4(c), individuals may apply for PSL relief “ ...

docket:	a-73-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	38176

144 STATE OF NEW JERSEY v. DAVID F. HOHSFIELD -- rank: 636

... and fourth-degree violation of community supervision for life (CSL), N.J.S.A. 2C:43-6.4(d). On August 11, 2009, defendant pled guilty to ... sentenced to parole supervision for life (PSL) under the amended N.J.S.A. 2C:43-6.4. We affirmed defendant's sentence on our excessive sentencing ... directly by [the] Parole [Board]. The "Violent Predator Incapacitation Act," N.J.S.A. 2C:43-6.4, is a component of a series of laws commonly ... Parole of the State Parole Board' for life." Ibid. (quoting N.J.S.A. 2C:43-6.4(b)). "A violation of PSL may be prosecuted as a fourth-degree offense, N.J.S.A. 2C:43-6.4(d), but it may also be treated as a parole violation, N.J.S.A. 2C:43-6.4(b)." Ibid. Thus, the Parole Board also has ...

docket:	a5381-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-23
status:	Published
citation:
Document Size:	32476

145 STATE OF NEW JERSEY v. PAUL A. CARTER -- rank: 636

... counts one, four, six, and seven under the Graves Act, N.J.S.A. 2C:43-6(c) (requiring an extended term where a defendant was previously convicted of unlawful possession of a weapon), and N.J.S.A. 2C:43-6(f) (requiring an extended term where a defendant was previously ... S.A. 2C:43-7.2, and the Graves Act, N.J.S.A. 2C:43- 6(c) on count one. Pertinent to this appeal, the court ...

docket:	a0896-19
court:	NJ Superior Court Appellate Division
decided:	2021-07-15
status:	Unpublished
citation:
Document Size:	50170

146 STATE OF NEW JERSEY v. PEDRO SOLAR -- rank: 636

... defendant was subject to a mandatory extended term pursuant to N.J.S.A. 2C:43-6.4e because defendant was under "community supervision for life" ("CSL ... WAS NOT ELIGIBLE FOR A MANDATORY EXTENDED TERM PURSUANT TO N.J.S.A. 2C:43-6.4e SINCE HE WAS SERVING A SENTENCE OF [CSL] RATHER ... and sentenced to a prison term and CSL, pursuant to N.J.S.A. 2C:43-6.4. Perez , supra , slip op. at 15-16. The Legislature then amended N.J.S.A. 2C:43-6.4 in 2003 to replace CSL with PSL. Id. at ... 17 (citing L. 2003, c. 267). After the amendment to N.J.S.A. 2C:43-6.4, the defendant pled guilty to child luring and endangering ... 4. The court imposed a mandatory extended term pursuant to N.J.S.A. 2C:43-6.4e, determining that the change from CSL to PSL ...

docket:	a1238-13
court:	NJ Superior Court Appellate Division
decided:	2015-03-11
status:	unpublished
citation:
Document Size:	26454

147 DARRELL B. BROWN v. STATE OF NEW JERSEY MORRIS COUNTY OFFICE OF THE PUBLIC DEFENDER -- rank: 634

... the court or three years, whichever is greater,' pursuant to N.J.S.A. 2C:43-6(f). Accordingly, if Brown were sentenced to a five-year ... parole ineligibility on the school zone count, as mandated by N.J.S.A. 2C:43-6(f) and N.J.S.A. 2C:43-7(a ... he bases his argument A-1811-18T2 14 on the N.J.S.A. 2C:43-6(f) requirement that the prosecuting attorney make a formal application ... a motion for an extended term of imprisonment pursuant to N.J.S.A. 2C:43-6(f) shall be filed by the State within fourteen days ... an application for an extended-term sentence as required under N.J.S.A. 2C:43-6(f). Defendant’s alternative sentence, therefore, was not illegal. See ... file a new application for an extended-term sentence under N.J.S.A. 2C:43-6(f) following defendant's plea to the violation of ...

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

148 STATE OF NEW JERSEY v. TANIS A. COLELLI -- rank: 632

... imprisonment with two years of parole ineligibility in accordance with N.J.S.A. 2C:43-6.5. 1 Additional terms of defendant's plea agreement required ... years imprisonment, the minimum of the third-degree sentencing range, N.J.S.A. 2C:43-6(a)(3), with two years of parole ineligibility as mandated by N.J.S.A. 2C:43-6.5(a). The court also ordered her to pay restitution ... pending, the trial court reduced defendant's sentence pursuant to N.J.S.A. 2C:43-6.5(c)(2) (quoted in footnote 1) to 573 days ... and not the Borough's children. The prosecutor then cited N.J.S.A. 2C:43-6.5(d)(1) (quoted in footnote 1), for its requirement ... exceed by very much the threshold of $10,000 under N.J.S.A. 2C:43-6.5(b)(2), and the Legislature did not intend ...

docket:	a3992-10
court:	NJ Superior Court Appellate Division
decided:	2013-06-11
status:	unpublished
citation:
Document Size:	25254

149 A-0STATE OF NEW JERSEY v. MIKE MAYER a/k/a MAYER MICHEAL MAYER MIKE L, GARCIA MIKE M August 6, 2015 -- rank: 632

... State filed a motion before the Assignment Judge, pursuant to N.J.S.A. 2C:43-6.2, seeking to exempt defendant from the mandatory three-year ... year term or eighteen-month term of incarceration pursuant to N.J.S.A. 2C:43-6 and defendant shall be placed on probation pursuant to N.J.S.A. 2C:43-6.2." The parties appeared before the sentencing judge on the ... without the prosecutor's consent. Pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), any person convicted of the unlawful possession of a ... ensure certainty of punishment." Ibid. In 1989, the Legislature enacted N.J.S.A. 2C:43-6.2 (the Graves Act "escape valve"). The purpose of the ... Super. 137 , 145 (App. Div. 1991), we noted that, under N.J.S.A. 2C:43-6.2, the Assignment Judge has the ultimate sentencing responsibility, ...

docket:	a2848-13
court:	NJ Superior Court Appellate Division
decided:	2015-02-03
status:	unpublished
citation:
Document Size:	22742

150 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 632

... the State's motion for an extended-term sentence under N.J.S.A. 2C:43-6(f). He found the following aggravating factors to be present ... Dalziel , 182 N.J. 494 , 504-05 (2005)). Pursuant to N.J.S.A. 2C:43-6(f) (emphasis added), any person convicted of possession with intent ... Simon , 421 N.J. Super. 547 , 558 (App. Div. 2011). " N.J.S.A. 2C:43-6(f) does not contain any language permitting waiver of an ... characterized as "extremely remote," the extended term was mandatory under N.J.S.A. 2C:43-6(f) and could not be waived by the judge. The ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982