Search Rutgers Law Library N.J. Court Opinions

1201 STATE OF NEW JERSEY v. L.M. -- rank: 557

... 494 , 505 (2005). The trial court found that aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk that the defendant will commit another offense ... others), applied. The court also found the following mitigating factors: N.J.S.A. 2C:44-1(b)(7) (no history of prior criminal activity), and (10 ... factors and in failing to find the following mitigating factors: N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious ... substantial grounds tending to excuse or justify defendant's conduct, N.J.S.A. 2C:44-1(b)(4), the record does provide a basis for consideration ... here, 1 the suitability of a program of community service, N.J.S.A. 2C:44-1(b)(6), should be considered on remand. The trial court ...

docket:	a2011-09
court:	superior court trial
decided:	2011-02-28
status:	unpublished
citation:
Document Size:	25878

1202 STATE OF NEW JERSEY v. MARK A. MARTIN -- rank: 557

... for deterring the defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found no mitigating factors, N.J.S.A. 2C:44-1(b), and imposed the sentence noted above. II. In Point ...

docket:	a4032-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	26865

1203 STATE OF NEW JERSEY v. CRAIG S. PITT -- rank: 557

... abuse. The court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), and no factors in mitigation ...

docket:	a1161-12
court:	NJ Superior Court Appellate Division
decided:	2013-12-13
status:	unpublished
citation:
Document Size:	68347

1204 STATE OF NEW JERSEY v. FRED LOTT -- rank: 557

... ing there existed a risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3) , there was a prior criminal record of serious offenses , N.J.S.A. 2C:44-1(a)(6) and there was a need for personal and general deterrence, N.J.S.A. 2C:44-1(a)(9) , t he court imposed sentence of ten years ...

docket:	a6557-03
court:	njappellate
decided:	2006-03-06
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	42595

1205 STATE OF NEW JERSEY v. SHERLOCK D. BAPTISTE -- rank: 557

... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(2), (3), (9). The judge found one mitigating factor ... a law-abiding life before the commission of these offenses. N.J.S.A. 2C:44-1(b)(7). The judge determined that the aggravating factors clearly ... he gravity and seriousness of harm inflicted on the victim . . . ." N.J.S.A. 2C:44-1(a)(2). Although the judge stated that he found this ... factor based on the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1), we cannot conclude that the judge abused his ...

docket:	a3035-08
court:	NJ Superior Court Appellate Division
decided:	2010-09-02
status:	unpublished
citation:
Document Size:	46615

1206 STATE OF NEW JERSEY v. DAVID FRANKLIN -- rank: 557

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of his prior record, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). These findings, well supported in the record, are ...

docket:	a4559-09
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	32071

1207 STATE OF NEW JERSEY v. ALEEM MALLARD -- rank: 557

... for an extended-term sentence and in finding aggravating factors N.J.S.A. 2C:44-1(a)(3) and (6) 3 to increase the base term ...

docket:	a4703-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	33713

1208 STATE OF NEW JERSEY v. JAHMMEL B. CEPHAS -- rank: 557

... contends the sentencing court erred in finding aggravating factors one, N.J.S.A. 2C:44-1(1) (the nature and circumstances of the offense, and the ... an especially heinous, cruel, or depraved manner); aggravating factor three, N.J.S.A. 2C:44- - 1(a)(3) (the risk that the defendant will commit another offense); and failing to find mitigating factor three, N.J.S.A. 2C:44-1(b)(3) (the defendant acted under a strong provocation), that ...

docket:	a4017-17
court:	NJ Superior Court Appellate Division
decided:	2020-10-05
status:	Unpublished
citation:
Document Size:	28996

1209 STATE OF NEW JERSEY v. CEDRICK HODGES -- rank: 557

... factors." Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:44-1 (2008). The trial court imposed sentence on June 4, 2004 ...

docket:	a5242-05
court:	njappellate
decided:	2009-04-02
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73039

1210 /usr/local/share/www/libweb/collections/courts/appellate/a2154-20.opn.html -- rank: 557

... nefarious reason. She asserted the judge should apply mitigating factor N.J.S.A. 2C:44-1(b)(4), namely, that 'substantial grounds tending to excuse or ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36233

1211 In the matter of the Civil Commitment of R.F. -- rank: 557

... that his conduct would cause or threaten serious harm,” N.J.S.A. 2C:44-1(b)(2). The defense attorney stressed that R.F. was ...

docket:	A-10-12
court:	NJ Supreme Court
decided:	2013-03-19
status:
citation:	217 N.J. 152 85 A.3d 979
Document Size:	156957

1212 /usr/local/share/www/libweb/collections/courts/appellate/a1393-19.opn.html -- rank: 557

... would be sentenced in the third-degree range, pursuant to N.J.S.A. 2C:44-1(b). Counsel primarily relied on mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (the character and attitude of the defendant indicate ... three (risk of reoffending), six (criminal history), and nine (deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge found aggravating factors ... departure was appropriate under the 'interest of justice' prong of N.J.S.A. 2C:44-1(f)(2). We disagree. N.J.S.A. 2C:44-1(f)(2) provides that a court may sentence a defendant ...

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court:
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Document Size:	32446

1213 STATE OF NEW JERSEY v. JAMES L. CALHOUN -- rank: 557

... defendant's criminal history), and (9) (the need for deterrence). N.J.S.A. 2C:44-1(a)(1), (3), (6), (9). The court also found mitigating factor (6), N.J.S.A. 2C:44-1(b)(6), applied because defendant was ordered to pay restitution ...

docket:	a4901-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	36528

1214 STATE OF NEW JERSEY v. TERRANCE STOKES -- rank: 557

... was clearly convinced that aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), substantially outweighed the non-existent ... argue the presence of mitigating factors two, three and four, N.J.S.A. 2C:44-1(b)(2), (3) and (4). See Strickland v. Washington , 466 ... not contemplate his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). Citing State v. Jasuilewicz , 205 N.J. Super ... that defendant was provoked by his victims, warranting application of N.J.S.A. 2C:44-1(b)(3). Citing State v. Jarbath , 114 N.J. 394 ... wrongfulness of his conduct, so as to justify application of N.J.S.A. 2C:44-1(b)(4). The court also noted that drug use or ...

docket:	a5239-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-30
status:	unpublished
citation:
Document Size:	22368

1215 STATE OF NEW JERSEY v. KEITH R. EVANS -- rank: 557

... factors three, six, and nine, and mitigating factor eleven. See N.J.S.A. 2C:44-1(a)(3); N.J.S.A. 2C:44-1(a)(6); N.J.S.A. 2C:44-1(a)(9); 3 State v. Cofield, 127 N.J. 328 ... b))' (rev. Sept. 12, 2016). 6 A-5238-15T 3 N.J.S.A. 2C:44-1(b)(11). Defendant was the custodial parent of his five ...

docket:	a5238-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-06
status:	unpublished
citation:
Document Size:	47440