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91 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 693

... properly set at one-half of the sentence imposed under N.J.S.A. 2C:43-6(a). As we have already observed, the State conceded that ... defendant is sentenced to life as an extended term under N.J.S.A. 2C:43-6(f), "the court shall impose a minimum term of 25 ... under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a)(1), the sentence for a crime of the first ... imposed, during which the defendant shall be ineligible for parole." N.J.S.A. 2C:43-6(b) also provides for a minimum term of parole ineligibility ...

docket:	A5387-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132364

92 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 693

... properly set at one-half of the sentence imposed under N.J.S.A. 2C:43-6(a). As we have already observed, the State conceded that ... defendant is sentenced to life as an extended term under N.J.S.A. 2C:43-6(f), "the court shall impose a minimum term of 25 ... under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a)(1), the sentence for a crime of the first ... imposed, during which the defendant shall be ineligible for parole." N.J.S.A. 2C:43-6(b) also provides for a minimum term of parole ineligibility ...

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

93 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 693

... properly set at one-half of the sentence imposed under N.J.S.A. 2C:43-6(a). As we have already observed, the State conceded that ... defendant is sentenced to life as an extended term under N.J.S.A. 2C:43-6(f), "the court shall impose a minimum term of 25 ... under N.J.S.A. 2C:35-4. Pursuant to N.J.S.A. 2C:43-6(a)(1), the sentence for a crime of the first ... imposed, during which the defendant shall be ineligible for parole." N.J.S.A. 2C:43-6(b) also provides for a minimum term of parole ineligibility ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133

94 J.B. v. NEW JERSEY STATE PAROLE BOARD -- rank: 688

... PSL") or its statutory predecessor, community supervision for life ("CSL"), N.J.S.A. 2C:43-6.4. Appellants, all of whom are represented by the same ... pursuant to section 2 of P.L. 1994, c. 130 ([ N.J.S.A. ] 2C:43-6.4), polygraph examinations in order to obtain information necessary for ... of community or parole supervision for life, imposed pursuant to N.J.S.A. 2C:43-6.4, polygraph examinations in order to obtain information necessary for ... a result of a change in the law in 2013. N.J.S.A. 2C:43-6.4(d). The polygraph session consists of a pre-examination ... good cause, may be prosecuted as a third-degree crime. N.J.S.A. 2C:43-6.4(d). As the trial court found, largely based upon ...

docket:	a5435-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-26
status:	published
citation:
Document Size:	146189

95 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 688

... 8: Distribution of CDS to persons under age 18 7. N.J.S.A. 2C:43-6(f): Recidivist CDS offenders3 [Commission Report at 22.] All but ... of the CDRA when enacted.4 3 With respect to N.J.S.A. 2C:43-6(f), the Commission recommended retaining enhanced penalties for recidivist offenders ... impose an additional, discretionary period of parole ineligibility, consistent with N.J.S.A. 2C:43- -6(b), on the grounds that the aggravating factors associated with ... In State v. Lagares, the Court considered the constitutionality of N.J.S.A. 2C:43-6(f), which gave prosecutors unilateral authority to seek a mandatory ... Determining Whether to Apply For an Extended Term Pursuant to N.J.S.A. 2C:43-6(f) (Apr. 20, 1992). A-3746-20 14 Against a ...

docket:	a3746-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Published
citation:
Document Size:	76245

96 /usr/local/share/www/libweb/collections/courts/supreme/a1921-15.opn.html -- rank: 688

... identical sentencing issues dealing with the Graves Act waiver provision, N.J.S.A. 2C:43-6.2, which authorizes a prosecutor to move before the assignment ... mandatory minimum term of imprisonment under (a) subsection c. of [ N.J.S.A. ] 2C:43-6 for a defendant who has not previously been convicted of ... be served by the imposition of a mandatory minimum term. [ N.J.S.A. 2C:43-6.2.] We first address the procedural issue implicated in these ... judge, has the statutory authority to make such a determination. N.J.S.A. 2C:43-6.2. When an application for a waiver under section 6 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28611

97 STATE OF NEW JERSEY v. WALEK P. DUNLAP -- rank: 686

... year maximum sentence for a second-degree conviction prescribed by N.J.S.A. 2C:43-6(a)(2), contrary to Apprendi, 530 U.S. at 490 ... that when determining whether the statutory maximum sentence prescribed by N.J.S.A. 2C:43-6(a)(2)4 has been exceeded we must combine the ... more time in prison than the maximum term prescribed in N.J.S.A. 2C:43-6(a). This framework does not raise Apprendi concerns, however, because ... imprisonment is determined by combining the prison term authorized by N.J.S.A. 2C:43- -6(a) with the parole supervision term prescribed by N.J ... degree robbery conviction to the maximum prison term authorized by N.J.S.A. 2C:43-6(a)(2) but not more than that maximum. In reaching ...

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

98 State v. David Chavies -- rank: 686

... Brown, the Appellate Division considered whether, under the Graves Act, N.J.S.A. 2C:43-6(c), a minimum term of imprisonment greater than one-third ... the sentence imposed by the court or three years.” N.J.S.A. 2C:43-6(c) (1997). The Brown court thus confronted whether a Rule ... by the court or 42 months, whichever is greater.” N.J.S.A. 2C:43-6(c) (2021). 17 period was an exercise of sentencing discretion ... particularly resonant example of such a fixed parole disqualifier. See N.J.S.A. 2C:43-6(c) (“A person who has been convicted under [certain ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
status:
citation:
Document Size:	75948

99 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 683

... impose a five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:43-6.5(a). On appeal, defendant raises the following points: POINT ... IN WAIVING THE STATUORILY-MANDATED PERIOD OF PAROLE INELIGIBILITY. Under N.J.S.A. 2C:43-6.5(a), "a person who serves or has served as ... or reducing the mandatory minimum sentence that would otherwise apply. [ N.J.S.A. 2C:43-6.5(c)(2).] In Rice , decided after defendant was sentenced ... issued the first published decision construing the waiver provision of N.J.S.A. 2C:43-6.5(c)(3). We compared the "serious injustice" standard of ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). [ Id. at 389.] The trial judge "may ... employment' requires imposition of the statutory mandatory minimum." Ibid. (quoting N.J.S.A . 2C:43-6.5(a) and (c)(2)) (alteration in original). It ...

docket:	a4580-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

100 State v. James Comer -- rank: 683

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) SYLLABUS This syllabus is not part of the Court’s opinion. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest ...

docket:	a-42-43-20
court:	NJ Supreme Court
decided:	2021-01-10
status:
citation:
Document Size:	159090

101 STATE OF NEW JERSEY v. HENRY REETH -- rank: 683

... degree offense of violating a condition of his special sentence. N.J.S.A. 2C:43-6.4(d). 1 Specifically, defendant was found guilty of failing ... necessary determined treatment "to protect the public and foster rehabilitation." N.J.S.A. 2C:43-6.4(b). Violation of the identified condition is punishable as a criminal offense. N.J.S.A. 2C:43-6.4(d). Finally, removal of the requirement of CSL can ... by court order after a specified period of time. See N.J.S.A. 2C:43-6.4(c). In this matter there is no doubt defendant ... a condition of his special sentence, as set forth in N.J.S.A. 2C:43-6.4(d). Affirmed. 1 At the time defendant was convicted, N.J.S.A. 2C:43-6.4(a) "directed that a trial court, when imposing ...

docket:	a5990-10
court:	NJ Superior Court Appellate Division
decided:	2014-04-23
status:	unpublished
citation:
Document Size:	25532

102 STATE OF NEW JERSEY v. DAVID ROMEO -- rank: 683

... impose a five-year period of parole ineligibility, pursuant to N.J.S.A. 2C:43-6.5(a). On appeal, defendant raises the following points: POINT ... IN WAIVING THE STATUORILY-MANDATED PERIOD OF PAROLE INELIGIBILITY. Under N.J.S.A. 2C:43-6.5(a), "a person who serves or has served as ... or reducing the mandatory minimum sentence that would otherwise apply. [ N.J.S.A. 2C:43-6.5(c)(2).] In Rice , decided after defendant was sentenced ... issued the first published decision construing the waiver provision of N.J.S.A. 2C:43-6.5(c)(3). We compared the "serious injustice" standard of ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). [ Id. at 389.] The trial judge "may ... employment' requires imposition of the statutory mandatory minimum." Ibid. (quoting N.J.S.A . 2C:43-6.5(a) and (c)(2)) (alteration in original). It ...

docket:	a5204-09
court:	NJ Superior Court Appellate Division
decided:	2013-08-26
status:	unpublished
citation:
Document Size:	106487

103 STATE OF NEW JERSEY v. ALPHONSE J. ANDERSON -- rank: 681

... improperly imposed a concurrent extended term of imprisonment pursuant to N.J.S.A. 2C:43-6(f) on defendant's simple possession conviction, even though that ... application for imposition of a mandatory extended term pursuant to N.J.S.A. 2C:43-6(f) and sentenced defendant to two concurrent eight-year prison ... concurrent extended term on the conviction for count one under N.J.S.A. 2C:43-6(f) even though that offense is not eligible for an ... to impose an extended term as a repeat offender under N.J.S.A. 2C:43-6(f) due to his prior fourth-degree conviction for possession ... 198, 202 (App. Div. 2000) ('The extended sentence imposed by N.J.S.A. 2C:43-6(f) is mandatory'). Accordingly, the court was required to impose ... of the imposed sentence or three years, whichever is greater. N.J.S.A. 2C:43-6(f). 'Where, within that range of sentences, the court ...

docket:	a3724-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-06
status:	Unpublished
citation:
Document Size:	43824

104 State v. William A. Case, Jr. -- rank: 681

... “the aggravating factors substantially outweigh the mitigating factors.” N.J.S.A. 2C:43-6(b). Central to the success of this process is the ... ordered that defendant be placed on parole supervision for life, N.J.S.A. 2C:43-6.4; that he register as a sex offender, N.J ... possess a device with Internet capability unless required for employment, N.J.S.A. 2C:43-6.6; and that he submit to random searches of his ... contains a range within which a defendant may be sentenced. N.J.S.A. 2C:43-6(a). Although judges generally exercise their discretion within the given ... with a range of imprisonment between five and ten years, N.J.S.A. 2C:43-6(a)(2); attempted child endangerment, a third-degree crime with a range of between three and five years, N.J.S.A. 2C:43-6(a)(3); and attempted sexual contact, a fourth-degree ...

docket:	A-45-13
court:	NJ Supreme Court
decided:	2014-12-07
status:
citation:	220 N.J. 49 103 A.3d 237
Document Size:	93991

105 STATE OF NEW JERSEY v. R.K. -- rank: 681

... social networking service, site or chat room' in violation of N.J.S.A. 2C:43-6.4(d), a fourth-degree crime. He pled guilty on ... of Megan's Law, which 'has its statutory source in N.J.S.A. 2C:43-6.4, the Violent Predator Incapacitation Act.' Schubert, 212 N.J. at 305. For specific offenses, N.J.S.A. 2C:43-6.4(a) mandates a trial court impose CSL, in addition ... of the United States Constitution and Article I, 14 Codifying N.J.S.A. 2C:43-6.4(f). A-2022-18T2 38 Paragraph I of the ...

docket:	a2022-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-27
status:	Published
citation:
Document Size:	74766