Search Rutgers Law Library N.J. Court Opinions

1321 STATE OF NEW JERSEY v. CLINTON SCOTT -- rank: 546

... the sentencing judge found, among other things, mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12), noting Jones' willingness to cooperate with law enforcement ... he] has been convicted;' and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6), and (9). The court found no mitigating ...

docket:	a4757-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-09
status:	Unpublished
citation:
Document Size:	27922

1322 STATE OF NEW JERSEY v. MICHAEL GRANTHAM -- rank: 546

... application of the excessive hardship mitigating factor in his favor. N.J.S.A. 2C:44-1(b)(11). We disagree. Defendant's counsel did not argue ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). As with the aggravating factors, a mitigating factor ...

docket:	a1717-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-06
status:	unpublished
citation:
Document Size:	38897

1323 STATE OF NEW JERSEY v. ALLAN TUTTLE -- rank: 546

... and weighing and considering the aggravating and mitigating factors, see N.J.S.A. 2C:44-1(a) and (b), the trial court resentenced defendant to a ... a discretionary sentence is restricted to those circumstances recognized in N.J.S.A. 2C:44-1(f)(2), none of which exist in the matter sub ...

docket:	a1411-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-22
status:	unpublished
citation:
Document Size:	16005

1324 STATE OF NEW JERSEY v. ANTHONY IRIZARRY -- rank: 546

... applied: (3) the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); (6) the extent of defendant's prior criminal ... the seriousness of the offenses of which he was convicted, N.J.S.A. 2C:44-1(a)(6); and (9) the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge also found one mitigating factor: (11 ... defendant would entail excessive hardship to himself or his dependents, N.J.S.A. 2C:44-1(b)(11). The judge observed that the "aggravating factors are ...

docket:	a1518-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	unpublished
citation:
Document Size:	74630

1325 STATE OF NEW JERSEY v. DONALD BRYANT -- rank: 546

... factors bearing upon the sentences to be imposed, to wit, N.J.S.A. 2C:44-1(a)(3), (6), and (9), but found no mitigating factors ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a), was present, which finds evidential support from defen­dant ... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a). Thus, the judge's findings with respect to all ...

docket:	a4613-06
court:	NJ Superior Court Appellate Division
decided:	2009-01-06
status:	unpublished
citation:
Document Size:	37315

1326 STATE OF NEW JERSEY v. MICHAEL A. FITZPATRICK -- rank: 546

... offense should be reduced to a third-degree offense under N.J.S.A. 2C:44-1(f)(2), or that he failed to use his mental ... s "very stringent standard" could have been met had an N.J.S.A. 2C:44-1(f)(2) application been made for sentencing to an offense ... term within the range one degree lower pursuant to an N.J.S.A. 2C:44-1(f)(2) application. That statute states that: [i]n cases ... health. The court found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), and (9). Contrary to defendant's argument ... the defendant's conduct, though failing to establish a defense," N.J.S.A. 2C:44-1(b)(4). Defendant's conduct on the day of the ...

docket:	a5131-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-17
status:	unpublished
citation:
Document Size:	25917

1327 STATE OF NEW JERSEY v. KEVIN L. WHITE, JR -- rank: 546

... identified the relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b). We are satisfied the judge's findings ...

docket:	a2741-18
court:	NJ Superior Court Appellate Division
decided:	2020-09-25
status:	Unpublished
citation:
Document Size:	30470

1328 STATE OF NEW JERSEY v. RICHIE ARIAS -- rank: 546

... factors: (1) the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); (2) the extent of defendant's prior criminal ... seriousness of the offense of which he had been convicted, N.J.S.A. 2C:44-1(a)(6); and (3) the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge found that these aggravating factors outweighed ...

docket:	a0621-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-06
status:	unpublished
citation:
Document Size:	53662

1329 STATE OF NEW JERSEY v. STACY D. BROWN 14, 2011 - -- rank: 546

... committed another crime. The trial court found three aggravating factors, N.J.S.A. 2C:44-1(a)(3), (6), and (9), and no mitigating factors. Those ...

docket:	a3963-09
court:	NJ Superior Court Appellate Division
decided:	2012-06-19
status:	unpublished
citation:
Document Size:	39241

1330 STATE OF NEW JERSEY v. ORDALE R. TELFAIR -- rank: 546

... judge found no mitigating factors, but found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), 'risk that the defendant will commit another offense,' six, N.J.S.A. 2C:44- 1(a)(6), 'extent of the defendant's prior criminal record ... offenses of which the defendant has been convicted,' and nine, N.J.S.A. 2C:44-1(a)(9), 'need for deterring the defendant and others from ...

docket:	a2108-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-23
status:	Unpublished
citation:
Document Size:	36914

1331 STATE OF NEW JERSEY v. HAJES K. RABAIA -- rank: 546

... aggravating factors three, risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); nine, need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9); and twelve, offense was committed against a person ... should have known was sixty years or older or disabled, N.J.S.A. 2C:44-1(a)(12). The court additionally found mitigating factors four, substantial ... or justify defendant's conduct, although not establishing a defense, N.J.S.A. 2C:44-1(b)(4); and eleven, defendant's imprisonment will entail excessive hardship to his dependents, N.J.S.A. 2C:44-1(b)(11). The court determined that the aggravating factors ...

docket:	a1013-08
court:	superior court appellate division
decided:	2011-02-02
status:	unpublished
citation:
Document Size:	30477

1332 STATE OF NEW JERSEY v. RICO PARKS -- rank: 546

... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1). He listed the marital relationship between defendant and ... which supported the factor. He also found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), because the victim was asleep and helpless when ... and weighed 190 pounds. He further found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant would reoffend in light of ... significant criminal history and ongoing drug problem, and factor six, N.J.S.A. 2C:44-1(a)(6), as the murder conviction was defendant's eighth ... robbery, burglary, and drug possession. The judge included factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter, in his sentence calculus ...

docket:	a3753-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-01
status:	unpublished
citation:
Document Size:	40294

1333 STATE OF NEW JERSEY v. VERNON W. EVANS, II -- rank: 546

... clearly and convincingly, that aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), -1(a)(6), and -1(a)(9), substantially ...

docket:	a6224-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-31
status:	unpublished
citation:
Document Size:	49296

1334 STATE OF NEW JERSEY v. LAMAR WOODWARD -- rank: 546

... judge should weigh the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b) and 'determine whether a probationary or custodial ...

docket:	a5980-09
court:	NJ Superior Court Appellate Division
decided:	2011-09-23
status:	unpublished
citation:
Document Size:	41850

1335 STATE OF NEW JERSEY v. JOSE R PALACIOS-RODRIGUEZ -- rank: 544

... failed to consider mitigating factor eight (circumstances unlikely to recur), N.J.S.A. 2C:44-1(b)(8). He contends that when he committed the offenses ...

docket:	a0892-10
court:	NJ Superior Court Appellate Division
decided:	2013-09-03
status:	unpublished
citation:
Document Size:	69628