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1336 STATE OF NEW JERSEY v. SALADIN THOMPSON -- rank: 544

... Defendant contends the sentencing judge double-counted two aggravating factors: N.J.S.A. 2C:44-1(a)(1), "[t]he nature and circumstances of the offense ... committed in an especially heinous, cruel, or depraved manner"; and N.J.S.A. 2C:44-1(a)(2), "[t]he gravity and seriousness of harm inflicted ... remand, the judge found not only the aggravating factors in N.J.S.A. 2C:44-1(a)(1) and (2), but also aggravating factors (3), "[t ...

docket:	a1375-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-05
status:	published
citation:	437 N.J.Super. 266 97 A.3d 1179
Document Size:	28630

1337 STATE OF NEW JERSEY v. JEROME BOYNTON -- rank: 544

... the judge found aggravating factors three and nine. 15 See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others). Regarding ...

docket:	a2574-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-13
status:	Unpublished
citation:
Document Size:	64343

1338 STATE OF NEW JERSEY v. TIMOTHY M. RIGOLI -- rank: 544

... remand, the trial judge should consider the youth mitigating factor, N.J.S.A. 2C:44-1(b)(14) and conduct an ability to pay hearing to ... hearing, the court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), and mitigating factors nine and twelve, N.J.S.A. 2C:44-1(b)(9), (12). The court sentenced defendant in accordance with ... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE.' N.J.S.A. 2C:44-1[(b)](14). THE TRIAL COURT ALSO ERRED IN ITS FINDINGS ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). Defendant contends the new factor should be applied ... He asserts the court should have found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) ('[t]he defendant has compensated or will ...

docket:	a0982-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-08
status:	Unpublished
citation:
Document Size:	16162

1339 STATE OF NEW JERSEY v. J.Y.D. -- rank: 544

... claims of ineffectiveness: (1) failure to argue mitigating factors eight , N.J.S.A. 2C:44-1(a)(8), and nine, N.J.S.A. 2C:44-1(a)(9), while supplementing the record when the sentencing court articulated mitigating factor seven , N.J.S.A. 2C:44-1(b)(7); (2) failure to argue against consecutive sentences under ...

docket:	a3673-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-07
status:	Unpublished
citation:
Document Size:	22061

1340 STATE OF NEW JERSEY v. SHAREEF HOLDER -- rank: 544

... aggravating factor three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), was applicable given his 'long history of indictable ... factor six, the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6). In finding aggravating factor nine, the need for deterring defendant and others, N.J.S.A. 2C:44-1(a)(9), the judge stated the 'grievous manner' in which ...

docket:	a4610-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	17482

1341 STATE OF NEW JERSEY v. GARRET W. MATTOX -- rank: 544

... the judge to consider the aggravating factors set forth in N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense) and N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of the harm inflicted ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case." State v ...

docket:	a0644-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-26
status:	unpublished
citation:
Document Size:	38887

1342 STATE OF NEW JERSEY v. ANTONIO J. PRATTS -- rank: 544

... mitigating factor eleven (excessive hardship because of a medical condition), N.J.S.A. 2C:44-1. The judge noted that: The hardships asserted by defendant are ... treatment. The court found aggravating factor three (risk of reoffending), N.J.S.A 2C:44-1(a)(3), aggravating factor six (prior criminal record), N.J.S.A. 2C:44-1(a)(6), and aggravating factor nine (need for deterrence), N.J.S.A 2C:44-1)(a)9. The court's findings as to the aggravating ...

docket:	a3973-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-25
status:	unpublished
citation:
Document Size:	30538

1343 STATE OF NEW JERSEY v. CRUZ MARTINEZ, JR -- rank: 544

... sentence is excessive. Here, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a0395-15
court:	NJ Superior Court Appellate Division
decided:	2017-05-15
status:	unpublished
citation:
Document Size:	54286

1344 NEW JERSEY DIVISION OF CHILD PROTECTION AND PERMANENCY v. T.L. -- rank: 544

... s findings at sentencing as to aggravating and mitigating factors, N.J.S.A. 2C:44-1(a) and (b). The record reveals the entire JOC was ... conduct was the result of circumstances unlikely to recur.' See N.J.S.A. 2C:44-1(b)(8). Under the totality of these circumstances, we discern ...

docket:	a5434-15
court:	NJ Superior Court Appellate Division
decided:	2018-11-15
status:	Unpublished
citation:
Document Size:	31325

1345 STATE OF NEW JERSEY v. BARRY J. CARNEY -- rank: 544

... sentencing, Judge Sumners found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), & (9). He did not find any mitigating ... why he did not weigh mitigating factors seven and nine, N.J.S.A. 2C:44-1(b)(7) and (9), in calculating the sentence term. Our ...

docket:	a3065-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-31
status:	unpublished
citation:
Document Size:	52873

1346 STATE OF NEW JERSEY v. FRANCISCO DELAROSA-LUNA -- rank: 544

... factor seven, and should have found mitigating factor eleven. See N.J.S.A. 2C:44-1(a)-(b). We review a court's sentence for an ... N.J. 413, 430 (2001)). In finding aggravating factor five, N.J.S.A. 2C:44-1(a)(5), the 'substantial likelihood that . . . defendant is involved in ... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(9). The court found the factor was warranted because ... and giving them 'great weight.' As to mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), the absence of delinquent or criminal history, the ... would entail excessive hardship to . . . defendant or . . . defendant's dependents.' N.J.S.A. 2C:44-1(b)(11). However, the court 8 The trial judge misspoke ...

docket:	a0521-19
court:	NJ Superior Court Appellate Division
decided:	2022-04-06
status:	Unpublished
citation:
Document Size:	28861

1347 /usr/local/share/www/libweb/collections/courts/appellate/a0791-19.opn.html -- rank: 544

... aggravating factors three (risk of re-offense) and nine (deterrence), N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factors seven (lack of prior criminal history) and eleven (excessive hardship), N.J.S.A. 2C:44- - 1(b)(7) and (11), applied. He declined to find other ... and attitude indicate he is unlikely to commit another offense), N.J.S.A. 2C:44-1(b)(8) and (9). IV. On appeal, defendant raises the ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	49023

1348 STATE OF NEW JERSEY v. R.K. -- rank: 544

... defendant's contention, the judge properly found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), applied to Counts One, Two and Four. The ... a risk defendant would commit another offense, aggravating factor three, N.J.S.A. 2C:44-1(a)(3), by crediting the report of the doctor from ... So too, the judge's conclusion that aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), deserved 'full weight' was supported by the evidence ...

docket:	a3540-14
court:	NJ Superior Court Appellate Division
decided:	2017-12-01
status:	unpublished
citation:
Document Size:	58160

1349 STATE OF NEW JERSEY v. GARY SUTTLE, a/k/a BOBBY B. SUTTLE a/k/a GARY WILLIAMS a/k/a BOBBY SUTTLE -- rank: 544

... stop" was sufficient to justify aggravating factors one and two. N.J.S.A. 2C:44-1(a)(1), (2). "[A] sentencing court may justify the application ... particularly vulnerable or incapable of resistance due to advanced age." N.J.S.A. 2C:44-1(a)(2); see also State v. McBride , 211 N.J ... and recalcitrant attitude justified aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), (9). These aggravating factors clearly outweighed the ...

docket:	a1692-12
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	40018

1350 A-0STATE OF NEW JERSEY v. JAMIL KOLLIE, a/k/a JAMAL KOLLIE April 2, 2015 -- rank: 544

... probationary sentence just a few months prior to the robbery. N.J.S.A. 2C:44-1(a)(3). The court also found aggravating factor nine, the need to deter. N.J.S.A. 2C:44-1(a)(9). The court imposed a sentence at the middle ... his sentence was otherwise excessive or unduly punitive. He cites N.J.S.A. 2C:44-1(f)(2), which allows for downgraded sentences where "the court ...

docket:	a4620-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-15
status:	unpublished
citation:
Document Size:	66041