Search Rutgers Law Library N.J. Court Opinions

331 /usr/local/share/www/libweb/collections/courts/appellate/a2965-18.opn.html -- rank: 543

... year term for unlawful possession, subject to the Graves Act, N.J.S.A. 2C:43-6.2. He imposed two concurrent four- year terms on the ...

docket:
court:
decided:
status:
citation:
Document Size:	69930

332 STATE OF NEW JERSEY v. JOSEPH FONTANEZ -- rank: 543

... sentence for a third-degree crime is three years. See N.J.S.A. 2C:43-6(a)(3). Affirmed, except for a limited remand for resentencing ...

docket:	a0684-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-25
status:	unpublished
citation:
Document Size:	44414

333 STATE OF NEW JERSEY v. RALPH BAKER -- rank: 543

... to life imprisonment.' Id. at 179 (Albin, J., dissenting); see N.J.S.A. 2C:43-6(a)(1), -7(a)(2). However, the assistant prosecutor advised ... 65).] Our Code of Criminal Justice 'provides for ordinary sentences, N.J.S.A. 2C:43-6[(a)], as well as extended-term sentences that carry greater ...

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status:	Unpublished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

334 STATE OF NEW JERSEY v. JIMMY VARGAS -- rank: 543

... eighteen years with a nine-year parole disqualifier pursuant to N.J.S.A. 2C:43-6(c). The final aggregate sentence matched the second sentence, but ... three-year mandatory minimum sentence pursuant to several statutes, including N.J.S.A. 2C:43-6. In its description of the overall circumstances relating to the ... will apply to this defendant, pursuant to the provisions of [ N.J.S.A. ] 2C:43-6(c). Therefore, this [c]ourt is mandated to apply an ... treating defendant as a Graves Act second offender pursuant to N.J.S.A. 2C:43-6(c), which provides: A person who has been convicted of ... shall be sentenced by the court to an extended term. [ N.J.S.A. 2C:43-6(c).] Notwithstanding this history, defendant argues that there was nothing ...

docket:	a2473-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	30527

335 STATE OF NEW JERSEY v. WAYNE M. EVANS -- rank: 543

... IS UNCONSTITUTIONAL AND MUST BE STRICKEN BY THIS COURT. A. N.J.S.A. 2C:43-6(b) [ 2 ] Violates The Sixth Amendment Because It Allows For ... his base term imposed by the trial court pursuant to N.J.S.A. 2C:43-6(f) is unconstitutional in light of the United States Supreme ... defendant was exposed to the mandatory minimum term pursuant to N.J.S.A. 2C:43-6(f) solely due to his prior conviction of a similar ... extended term statute, defendant clarified that he was relying on N.J.S.A. 2C:43-6(f), rather than N.J.S.A. 2C:43-6(b). We have considered the post-argument supplemental briefs on ...

docket:	a0771-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-08
status:	unpublished
citation:
Document Size:	31601

336 STATE OF NEW JERSEY v. THOMAS G. LAHART -- rank: 543

... 2015 order denying his application for a Graves Act waiver, N.J.S.A. 2C:43-6.2,1 and from the same judge's order of ... PLEA THAT ENTITLED THOMAS LAHART AT SENTENCING TO A 1 N.J.S.A. 2C:43-6.2 provides: On a motion by the prosecutor made to ... that he be sentenced as a 2 The Graves Act, N.J.S.A. 2C:43-6(c), requires a mandatory minimum term of imprisonment be imposed ... of the sentence imposed, or three years, whichever was longer. N.J.S.A. 2C:43-6(c) (2007). 3 A-4993-15T1 third[-]degree offender to ... Graves-waiver issue is raised. We see no provision in N.J.S.A. 2C:43-6.2, as interpreted by the Nance Court, that allows 'partial ...

docket:	a4993-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	32947

337 STATE OF NEW JERSEY v. MARTIN DELVALLE -- rank: 543

... court inappropriately applied the Graves Act to certain weapons 2 N.J.S.A. 2C:43-6(c). A-5586-17 3 offenses. We therefore affirm defendant ... parole disqualifier of eighteen months' imprisonment under the Graves Act, N.J.S.A. 2C:43-6(c), on the fourth-degree sales of weapons convictions (counts ...

docket:	a5586-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	45724

338 STATE OF NEW JERSEY v. JERERAD HOLLAWAY -- rank: 543

... less than the maximum term of ten-years imprisonment. See N.J.S.A. 2C:43-6(a)(2). Given defendant's two prior convictions for unlawful ... factors," as required to impose a discretionary minimum term under N.J.S.A. 2C:43-6(b). However, that statute and its requirements were inapplicable, as the court here imposed a mandatory minimum term under N.J.S.A. 2C:43-6(c). N.J.S.A. 2C:43-6(c) applied because defendant was "convicted under . . . N.J.S ...

docket:	a0263-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-03
status:	unpublished
citation:
Document Size:	43419

339 State v. Bobby Perry -- rank: 543

... to parole supervision for life, pursuant to Megan’s Law, N.J.S.A. 2C:43-6.4. Defendant appealed, claiming, among other things, 10 that the ...

docket:	A-34-14
court:	NJ Supreme Court
decided:	2016-05-17
status:
citation:	225 N.J. 222 137 A.3d 1130
Document Size:	114833

340 STATE OF NEW JERSEY v. ROBERT B. WIGGINS -- rank: 543

... slightly above the mid-range for a second-degree offense. N.J.S.A. 2C:43- 6(a)(2); see State v. Natale, 184 N.J. 458 ...

docket:	a5138-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	100568

341 State v. S.R. -- rank: 543

... may impose a variety of remedies on the defaulting defendant. N.J.S.A. 2C:43-6.4, adopted as part of Megan’s Law, suggests that ... 1c(2).” Cannel, New Jersey Criminal Code Annotated , comment on N.J.S.A. 2C:43-6.4 (2002). Subsection b of N.J.S.A. 2C:43-6.4 provides that “[p]ersons serving a special sentence of ...

docket:	a-96-01
court:	njsupreme
decided:	2002-12-12
status:
citation:	175 N.J. 23
Document Size:	29987

342 STATE OF NEW JERSEY v. EDWIN NIEVES -- rank: 543

... with a minimum of forty-two months of parole ineligibility. N.J.S.A. 2C:43-6(c). However, in certain circumstances, the statute allows for a ... two month parole ineligibility term, on motion by the prosecutor. N.J.S.A. 2C:43-6.2 provides, in pertinent part: On a motion by the ... imprisonment during which the defendant will be ineligible for parole. [N.J.S.A. 2C:43-6.2.] Pursuant to a plea agreement, defendant pled guilty to ... mandatory period of parole ineligibility under the Graves Act. See N.J.S.A. 2C:43-6.2. 2 A-1652-17T3 to file a Graves Act waiver motion, pursuant to N.J.S.A. 2C:43- 6.2, and agreed to a sentence of five years in ...

docket:	a1652-17
court:	NJ Superior Court Appellate Division
decided:	2018-04-26
status:	unpublished
citation:
Document Size:	17537

343 STATE OF NEW JERSEY v. ANTHONY IRIZARRY -- rank: 540

... term. He was also sentenced to parole supervision for life, N.J.S.A. 2C:43-6.4, and ordered to comply with the registration requirements imposed ...

docket:	a0485-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-20
status:	Unpublished
citation:
Document Size:	55459

344 STATE OF NEW JERSEY v. THOMAS A. WALLACE -- rank: 540

... term with a forty-two-month parole disqualifier pursuant to N.J.S.A. 2C:43-6(f). Defendant claims the trial judge erred by denying his ... II THE IMPOSITION OF A PERIOD OF PAROLE INELIGIBILITY UNDER N.J.S.A. 2C:43-6(f), IN EXCESS OF THE MANDATORY MINIMUM, VIOLATES ALLEYNE V ... imposition of the maximum period of parole ineligibility pursuant to N.J.S.A. 2C:43-6(b) is unconstitutional because 'judicial factfinding' deprived defendant of his ...

docket:	a1081-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	30911

345 STATE OF NEW JERSEY v. JANELLE H. WEST, a/k/a JANELLE HELEN WEST -- rank: 540

... three years of parole ineligibility pursuant to the Graves Act, N.J.S.A. 2C:43-6(c), and imposed the appropriate penalties and assessments. On appeal ...

docket:	a0649-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	28566