Search Rutgers Law Library N.J. Court Opinions

1126 STATE OF NEW JERSEY v. DESHAWN M. WORTHEY -- rank: 568

... delinquency as the basis for finding both aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk defendant would commit another offense), and aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's criminal history ... Code of Criminal Justice. The aggravating factors set forth in N.J.S.A. 2C:44-1(a) each address a different aspect of the sentencing equation ... both to support a finding of an aggravating factor under N.J.S.A. 2C:44-1(a) and to establish eligibility for an extended term pursuant ... factor, along with the corresponding mitigating factor set forth in N.J.S.A. 2C:44-1(b)(7), acknowledges the common-sense principle that defendants who ... court also found and ascribed weight to aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others ...

docket:	a2905-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-02
status:	Unpublished
citation:
Document Size:	17126

1127 STATE OF NEW JERSEY v. E.G.T -- rank: 568

... three (risk defendant will reoffend) and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (9), and no mitigating factors. It declined to ... has led a law-abiding life for a substantial period), N.J.S.A. 2C:44-1(b)(7). The court found the aggravating factors 'substantially outweighed ...

docket:	a4850-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-20
status:	Unpublished
citation:
Document Size:	41747

1128 STATE OF NEW JERSEY v. SADIQUA N. MITCHELL -- rank: 568

... the judge may sentence defendant as a third-degree offender, N.J.S.A. 2C:44-1(f)(2). Regardless, the presumption of imprisonment applies, N.J.S.A. 2C:44-1(d). See also Nance, 228 N.J. at 398-99 ... stayed for ten days to permit the State to appeal. N.J.S.A. 2C:44-1(f)(2). Although, as the State argues, the judge on ... determined mitigating factors seven (defendant had no prior criminal activity), N.J.S.A. 2C:44-1(b)(7), and ten (defendant was likely to respond to probationary treatment), N.J.S.A. 2C:44- 1(b)(10) outweighed aggravating factor nine (specific and general deterrence), N.J.S.A. 2C:44-1(a)(9). Following the violation of probation, the judge ...

docket:	a1913-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-24
status:	Unpublished
citation:
Document Size:	17447

1129 STATE OF NEW JERSEY v. GORDON T. PETERS -- rank: 568

... for resentencing. The trial judge found the following aggravating factors: N.J.S.A. 2C:44-1(a)(1), "The nature and circumstances of the offense, and ... was committed in an especially heinous, cruel, or depraved manner;" N.J.S.A. 2C:44-1(a)(5), "There is a substantial likelihood that the defendant is involved in organized criminal activity;" and N.J.S.A. 2C:44-1(a)(9), "The need for deterring the defendant and others ... in this record supporting the application of aggravating factor one, N.J.S.A. 2C:44-1(a)(1). Defendant’s remaining arguments, including those raised in ... the court to resentence defendant without applying aggravating factor one. N.J.S.A. 2C:44-1(a)(1). 1 Indictment No. 10-04-0708 also included ...

docket:	a4734-11
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-14
status:	Published
citation:
Document Size:	34639

1130 STATE OF NEW JERSEY v. MARK J. SPATUCCI -- rank: 568

... was committed in an especially heinous, cruel, or depraved manner), N.J.S.A. 2C:44-1(a)(1); three (risk to reoffend), N.J.S.A. 2C:44-1(a)(3); and nine (need to deter), N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. Acknowledging that ...

docket:	a3640-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-24
status:	Unpublished
citation:
Document Size:	33891

1131 STATE OF NEW JERSEY v. LEROY T. MOORE -- rank: 568

... one, "defendant's conduct neither caused nor threatened serious harm," N.J.S.A. 2C:44-1(b)(1); and two, "defendant did not contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2). We review a trial judge's decision to ... three, "[t]he risk that . . . defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); six, "[t]he extent of the defendant's ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a)(6); and nine, "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. Although defendant ...

docket:	a1695-13
court:	NJ Superior Court Appellate Division
decided:	2016-07-07
status:	unpublished
citation:
Document Size:	26812

1132 STATE OF NEW JERSEY v. JEAN MORALES -- rank: 568

... Roth , 95 N.J. 334 , 364-65 (1984). Affirmed. 1 N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9). 2 The jury's ... trial judge's exclusion of mitigating factors (3) and (4), N.J.S.A. 2C:44-1(b)(3) and (4), which relate to a strong provocation ...

docket:	a5846-06
court:	superior court appellate division
decided:	1999-10-23
status:	unpublished
citation:
Document Size:	43750

1133 /usr/local/share/www/libweb/collections/courts/supreme/a1695-13.opn.html -- rank: 568

... one, "defendant's conduct neither caused nor threatened serious harm," N.J.S.A. 2C:44-1(b)(1); and two, "defendant did not contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2). We review a trial judge's decision to ... three, "[t]he risk that . . . defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); six, "[t]he extent of the defendant's ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a)(6); and nine, "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. Although defendant ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26424

1134 STATE OF NEW JERSEY v. EDWIN A. JIMENEZ -- rank: 568

... judge found aggravating factors one, three, six and nine. See N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense, including whether ... s argument that mitigating factors three and five applied. See N.J.S.A. 2C:44-1(b)(3) (defendant acted under strong provocation); (5) (the victim ...

docket:	a0117-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-18
status:	unpublished
citation:
Document Size:	71315

1135 STATE OF NEW JERSEY v. DONALD NAEEM BAILS -- rank: 568

... for deterring the defendant and others from violating the law. [ N.J.S.A. 2C:44-1(a).] All three aggravating factors were based on defendant's ... contain the same crimes for which he is being sentenced. N.J.S.A. 2C:44-1(a)(3). The aggravating factors were based on credible evidence ... of the defendant's conduct induced or facilitated its commission. [ N.J.S.A. 2C:44-1(b).] Although the Law Division was required to consider the ... s conduct was the result of circumstances unlikely to recur"), N.J.S.A. 2C:44-1(b)(8), is not supported by the record. See State ...

docket:	a5798-08
court:	NJ Superior Court Appellate Division
decided:	2011-10-19
status:	unpublished
citation:
Document Size:	50113

1136 STATE OF NEW JERSEY v. OMAR PARDO -- rank: 568

... consider the specifically enumerated aggravating and mitigating factors identified at N.J.S.A. 2C:44-1. The judge must balance these factors and explain how the ...

docket:	a2633-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-07
status:	unpublished
citation:
Document Size:	40623

1137 STATE OF NEW JERSEY v. LATISHA M. KEARNEY -- rank: 568

... for deterring the defendant and others from violating the law."). N.J.S.A. 2C:44-1(a) (1), (3), (6) , and (9) . The judge considered the ... his conduct for the damage or injury that he sustained"), N.J.S.A. 2C:44-1(b)(3), (4), (5), and (6). With respect to these ... and weighed the aggravating and mitigating circumstances set forth in N.J.S.A. 2C:44-1(a) and (b) , See State v. Ghertler , 114 N.J ...

docket:	a5008-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-13
status:	unpublished
citation:
Document Size:	66759

1138 STATE OF NEW JERSEY VS. CALEB T. THELISME -- rank: 568

... include a consideration of relevant aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b),' but the court was 'satisfied that, in ... fourteen (defendant was under the age of twenty-six years). N.J.S.A. 2C:44- 1(a)(3), (a)(6), (a)(9), and (b)(14). The ... hardship but not an 'excessive hardship' under mitigating factor eleven. N.J.S.A. 2C:44-1(b)(3), (b)(7) to (9), and (b)(11). The ... factor ten (defendant 'likely to respond affirmatively to probationary treatment'), N.J.S.A. 2C:44- 1(b)(10), was applicable to defendant. Even considering mitigating factor ... the offender,' such as applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1 and the likelihood of the defendant's conviction at trial ...

docket:	a1150-23
court:	appellate
decided:	2024-07-22
status:	Unpublished
citation:
Document Size:	31871

1139 STATE OF NEW JERSEY v. CLIVE HINDS -- rank: 566

... judge found aggravating factors one, three and nine applied. See N.J.S.A. 2C:44-1(a)(1) ("The nature and circumstances of the offense, and ... arguments that mitigating factors three, eight and nine applied. See N.J.S.A. 2C:44-1(b)(3) ("[D]efendant acted under a strong provocation."); (8 ... accepted defense counsel's argument that mitigating factor thirteen applied. N.J.S.A. 2C:44-1(b)(13) ("The conduct of a youthful defendant was substantially ...

docket:	a3901-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-07
status:	unpublished
citation:
Document Size:	64217

1140 STATE OF NEW JERSEY v. OMAR B QUELIS-RODRIGUEZ -- rank: 566

... found a "risk that the defendant will commit another offense." N.J.S.A. 2C:44-1(a)(3). However, the court cited the "the gravity" of ... his "conduct was the result of circumstances unlikely to recur." N.J.S.A. 2C:44-1(b)(8). However, defendant merely said the drug trafficking offense ... for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9), has lost all value. However, "'[d]eterrence has ...

docket:	a5152-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-10
status:	Published
citation:
Document Size:	54064