Search Rutgers Law Library N.J. Court Opinions

1156 STATE OF NEW JERSEY v. LUIS SARZOZA-GUZMAN -- rank: 566

... weight to mitigating factor seven (lack of a criminal record), N.J.S.A. 2C:44-1(b)(7), and should have found mitigating factor four (there ... substantial grounds tending to excuse or justify defendant's conduct), N.J.S.A. 2C:44-1(b)(4), based on his claim that he was intoxicated ...

docket:	a0443-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-23
status:	unpublished
citation:
Document Size:	39366

1157 STATE OF NEW JERSEY v. DWAYNE WATT -- rank: 563

... 216. In imposing the sentence, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(3) (the risk that the defendant will commit another offense), N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's prior criminal ... the offenses of which he has been previously convicted) and N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others ...

docket:	a3934-06
court:	superior court appellate division
decided:	2010-11-03
status:	unpublished
citation:
Document Size:	48586

1158 STATE OF NEW JERSEY v. TYRONE JOHNSON, JR -- rank: 563

... exists to support the judge's finding of aggravating factors N.J.S.A. 2C:44-1(a)(3) and (a)(9) for both counts. See Roth ... 365-66. The record supports a finding of aggravating factor N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit ... resulted from a juvenile waiver." Based on these prior offenses, N.J.S.A. 2C:44-1(a)(3) was appropriately found as an aggravating factor. See ... s lengthy history of criminal activity"). As to aggravating factor N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... App. Div. 1990), where we commented on the application of N.J.S.A. 2C:44-1(a)(9): Finally, there is ample evidential support for the ... also argues that the court failed to consider mitigating factor N.J.S.A. 2C:44-1(b)(2), "[t]he defendant did not contemplate that ...

docket:	a6332-08
court:	superior court appellate division
decided:	2011-01-05
status:	unpublished
citation:
Document Size:	34395

1159 STATE OF NEW JERSEY v. FREDDY R. SOLORZANO -- rank: 563

... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). "[A]n application of aggravating factor one must ... incapable of exercising normal physical or mental power of resistance[.] [ N.J.S.A. 2C:44-1(a)(2).] This section "focuses on the setting of the ... to show they are "particularly vulnerable [and] incapable of resistance." N.J.S.A. 2C:44-1(a)(2). Again, having not seen the video, we will ...

docket:	a4732-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-06
status:	Published
citation:
Document Size:	41485

1160 STATE OF NEW JERSEY v. EDWARD M. PLAZA -- rank: 563

... because the court erred in finding aggravating factor three applicable, N.J.S.A. 2C:44-1(a)(3), and failed to provide any reasoning for its application of aggravating factor nine, N.J.S.A. 2C:44-1(a)(9). We disagree. We 'review sentencing determinations in accordance ... in time. As a result, he applied mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). Nevertheless, the finding of aggravating three was properly ... that the judge supported his finding of aggravating factor nine, N.J.S.A. 2C:44-1(a)(9). During the sentencing hearing, the judge found there ...

docket:	a2042-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-19
status:	Unpublished
citation:
Document Size:	25100

1161 STATE OF NEW JERSEY v. MIGUEL GONZALEZ -- rank: 563

... degree offender on the first-degree armed robbery conviction. See N.J.S.A. 2C:44-1(f)(2)(permitting the judge to "sentence the defendant to ... sentencing factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge identified two mitigating sentencing factors: defendant has no prior criminal record, N.J.S.A. 2C:44-1(b)(7); and defendant would be likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1(b)(10). The judge specifically did not find that the ...

docket:	a1000-10
court:	NJ Superior Court Appellate Division
decided:	2012-08-13
status:	unpublished
citation:
Document Size:	35932

1162 STATE OF NEW JERSEY v. QUASHAWN HARRIS -- rank: 563

... the [c]ourt finds the following sentencing factors. Aggravating factor [N.J.S.A. 2C:44-1(a)(3)] applies and has the greatest weight . . . . Given his ... more appropriate behavior are belied by his history. Aggravating factor [N.J.S.A. 2C:44-1(a)(5)] applies and has some weight based on the ... associated with criminal street gangs in Atlantic City. Aggravating factor [N.J.S.A. 2C:44-1(a)(6)] applies and has great weight. The extent of ... against a downward departure from the Graves Act. Aggravating factor [N.J.S.A. 2C:44-1(a)(9)] applies and has the greatest weight. There is ...

docket:	a5703-17
court:	NJ Superior Court Appellate Division
decided:	2020-02-28
status:	Unpublished
citation:
Document Size:	21034

1163 STATE OF NEW JERSEY v. H.H. -- rank: 563

... the aggravating and mitigating factors set forth in the statute, N.J.S.A. 2C:44- -1(a) and -1(b), it 'may impose a term within ... judge found aggravating factors two, three, and nine applied. See N.J.S.A. 2C:44-1(a). Addressing factor two, the gravity and seriousness of the harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2), the judge found M.W. was particularly vulnerable ... extreme youth. Addressing factor three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3), the judge found the familial relationship and escalation ... W. was justified. Under factor nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9), the judge observed that there was a strong ... mid-range sentence for a single second-degree conviction, see N.J.S.A. 2C:44-1(d) and 1(f)(1)(c), was well supported ...

docket:	a4208-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-24
status:	Unpublished
citation:
Document Size:	25437

1164 STATE OF NEW JERSEY VS. ERIK RE\u0027VOAL -- rank: 563

... At sentencing, the court applied aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1) and (2), concerning the nature of the offense ... The court applied aggravating factor A-3060-21 4 three, N.J.S.A. 2C:44- 1(a)(3), citing the risk of reoffending, and nine, N.J.S.A. 2C:44-1(a)(9), finding a specific need to deter defendant as ... s lack of prior record and applied mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). Rejecting mitigating factors three, four, five, and eight, N.J.S.A. 2C:44-1(b)(3) to (5), and (8), the court found nothing ...

docket:	a3060-21
court:	appellate
decided:	2024-04-30
status:	Unpublished
citation:
Document Size:	22542

1165 STATE OF NEW JERSEY v. ISAIAH HUNTER -- rank: 563

... however, to insure that the sentencing guidelines set forth in N.J.S.A. 2C:44-1(a) and (b) have been met and the sentence is ... The judge appropriately considered the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b). His conclusion that there were no mitigating ... three aggravating factors present is supported by the record. See N.J.S.A. 2C:44-1(a)(3), (6), and (9) (accounting for the risk that ...

docket:	a5387-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-24
status:	unpublished
citation:
Document Size:	51222

1166 STATE OF NEW JERSEY v. JOSHUA ROBINSON -- rank: 563

... been deterred by probation. Accordingly, the court found aggravating factors N.J.S.A. 2C:44-1(a)(3), risk of re-offense; (6), extent of criminal ... weapon also subject to NERA. The court found aggravating factors N.J.S.A. 2C:44-1(a)(3), risk of re-offense, and (9), need for ...

docket:	a0575-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-15
status:	unpublished
citation:
Document Size:	86471

1167 STATE OF NEW JERSEY IN THE INTEREST OF J.B., JR -- rank: 563

... the victim's surviving family members. If considered to parallel N.J.S.A. 2C:44-1(a)(2), such harm cannot be included. See State v ...

docket:	a0366-11
court:	NJ Superior Court Appellate Division
decided:	2013-11-11
status:	unpublished
citation:
Document Size:	38329

1168 STATE OF NEW JERSEY v. SAAHIR RAHIM -- rank: 563

... defendant is a "persistent offender"). He found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the possibility that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... of offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence); and mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would "entail excessive hardship to [defendant] or ...

docket:	a5157-08
court:	NJ Superior Court Appellate Division
decided:	2011-11-03
status:	unpublished
citation:
Document Size:	61302

1169 STATE OF NEW JERSEY v. CHRISTOPHER M. KOLLER -- rank: 563

... violations of probation. The judge found two aggravating factors — N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), and (9) (need ... to deter) — but declined to find aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (prior criminal record). The judge found no mitigating ...

docket:	a5725-17
court:	NJ Superior Court Appellate Division
decided:	2022-02-10
status:	Unpublished
citation:
Document Size:	54075

1170 /usr/local/share/www/libweb/collections/courts/appellate/a3645-11xx.opn.html -- rank: 563

... been deterred by probation. Accordingly, the court found aggravating factors N.J.S.A. 2C:44-1(a)(3), risk of re-offense; (6), extent of criminal ... weapon also subject to NERA. The court found aggravating factors N.J.S.A. 2C:44-1(a)(3), risk of re-offense, and (9), need for ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	86075