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1381 STATE OF NEW JERSEY v. CASEY TERRY -- rank: 539

... Age at the Time of the Commission of the Offense,' N.J.S.A. 2C:44-1(b)(14). (Not Raised Below) G. This Court Should Remand ...

docket:	a4201-19
court:	NJ Superior Court Appellate Division
decided:	2022-11-16
status:	Unpublished
citation:
Document Size:	23750

1382 STATE OF NEW JERSEY v. ROLANDO MORRISON -- rank: 539

... should have found mitigating factor seven, lack of criminal record, N.J.S.A. 2C:44-1(b)(7). The judge did not err in his findings ...

docket:	a2116-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-02
status:	Unpublished
citation:
Document Size:	35678

1383 State v. Luis Garcia -- rank: 539

... record, and need to deter) and no mitigating factors. See N.J.S.A. 2C:44-1(a)-(b). Defendant has made no cogent challenge to those ...

docket:	a-120-06
court:
decided:	2008-06-18
status:
citation:	195 N.J. 210
Document Size:	69320

1384 STATE OF NEW JERSEY v. TERANCE GILLIAM -- rank: 539

... must consider specifically enumerated aggravating and mitigating circumstances identified in N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... counsel argued that the judge should consider mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), that incarceration would involve excessive hardship to his ... convictions and found applicable aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6) and (9). The judge properly identified and ...

docket:	a0648-10
court:	NJ Superior Court Appellate Division
decided:	2014-05-30
status:	unpublished
citation:
Document Size:	33409

1385 STATE OF NEW JERSEY v. GREGORY POWELL -- rank: 539

... factors. There was insufficient factual support for mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), which involves excessive hardship to family members. The ... of an Avenel evaluation 2 does not warrant application of N.J.S.A. 2C:44-1(b)(8). Consequently, we find no basis to interfere with ...

docket:	a1021-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-04
status:	unpublished
citation:
Document Size:	33179

1386 STATE OF NEW JERSEY v. ARTURO I. ALOMAS -- rank: 539

... the aggravating and mitigating factors required for sentencing pursuant to N.J.S.A. 2C:44-1. The court found aggravating factor three applied because defendant was ... the presence of a child under 16 years of age. N.J.S.A. 2C:44-1. The court found no mitigating factors applied. A-1055-18 ...

docket:	a1055-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-30
status:	Unpublished
citation:
Document Size:	39532

1387 STATE OF NEW JERSEY v. ANDRE M HORNE -- rank: 539

... aggravating factors and may consider the relevant mitigating factors. See N.J.S.A. 2C:44-1(a) and -1(b). The New Jersey Supreme Court has emphasized that judges must "explain [their] analysis of N.J.S.A. 2C:44-1's aggravating and mitigating factors with care and precision." State ... stated that the following aggravating factors apply to the case: N.J.S.A. 2C:44-1(a)(3) (" [t] he risk that the defendant will commit another offense"), N.J.S.A. 2C:44-1(a)(6) ("[t]he extent of the defendant's prior ... of the offenses of which he has been convicted") and N.J.S.A. 2C:44-1(a)(9) (" [t] he need for deterring the defendant and ... others from violating the law"). Defense counsel also stated that N.J.S.A. 2C:44-1(b)(11) ("[t]he imprisonment of the defendant would ...

docket:	a4498-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-11
status:	unpublished
citation:
Document Size:	27738

1388 STATE OF NEW JERSEY v. REGINALD FELTON -- rank: 539

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (6) and (9). The judge found no mitigating ... a law-abiding life for a substantial period of time). N.J.S.A. 2C:44-1(b)(1), (6) and (7). We are convinced, however, that ... to a third-degree offense for sentencing purposes pursuant to N.J.S.A. 2C:44-1(f)(2), which states: In cases of convictions for crimes ...

docket:	a3529-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-23
status:	unpublished
citation:
Document Size:	35356

1389 L.J.L....v. L.G. -- rank: 539

... of mitigating factors. 4 The judge found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), because defendant did not "have any prior criminal ... have been reported[.]" The judge also found mitigating factor nine, N.J.S.A. 2C:44-1(b)(9), because defendant's "character and attitude are such ... the judge found that defendant would do well on probation, N.J.S.A. 2C:44-1(b)(10), and that the parties' child would suffer "extreme ... defendant] had to spend any significant time in state prison." N.J.S.A. 2C:44-1(b)(11). On September 2, 2014, the parties appeared before ... for deterring the defendant and others from violating the law[,]" N.J.S.A. 2C:44-1(a)(9); and twelve, "[t]he defendant committed the offense ... he knew . . . was over [sixty] years of age or older." N.J.S.A. 2C:44-1(a)(12). 5 The judge ordered defendant to provide ...

docket:	a4526-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-24
status:	unpublished
citation:
Document Size:	37510

1390 STATE OF NEW JERSEY v. LUIS R. GARCIA -- rank: 539

... six and nine, but found that no mitigating factors applied. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); -1(a)(6 ...

docket:	a0119-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-08
status:	Unpublished
citation:
Document Size:	21159

1391 STATE OF NEW JERSEY v. MANUEL A. MERCADO -- rank: 539

... properly took three aggravating factors into consideration: aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will commit another offense; factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior record; and factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. No mitigating factor was ...

docket:	a1083-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-10
status:	unpublished
citation:
Document Size:	49670

1392 /usr/local/share/www/libweb/collections/courts/appellate/a0475-19.opn.html -- rank: 539

... unlawful purpose. The court found that aggravating sentencing factors three, N.J.S.A. 2C:44-1(a)(3); six, N.J.S.A. 2C:44-1(a)(6); and nine, N.J.S.A. 2C:44-1(a)(9) applied, and that no mitigating factors pertained. On ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	92205

1393 STATE OF NEW JERSEY v. JIMMY VARGAS -- rank: 539

... sentencing judge, including the ascertainment of aggravating factors pursuant to N.J.S.A. 2C:44-1(a), do not warrant discussion in a written opinion. R ...

docket:	a2473-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	30527

1394 STATE OF NEW JERSEY v. KENNETH L. COPSON -- rank: 539

... must consider and balance statutorily enumerated aggravating and mitigating circumstances, N.J.S.A. 2C:44-1(a) and (b), and explain how the sentence was determined ... which he has been convicted, and the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6) and (9). The judge found one mitigating ... factor, defendant's willingness to cooperate with law enforcement authorities, N.J.S.A. 2C:44-1(b)(12). Defendant does not contend that the judge's ...

docket:	a3341-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-17
status:	unpublished
citation:
Document Size:	39599

1395 STATE OF NEW JERSEY v. MARK MARTIN -- rank: 539

... factored into the judge's finding of aggravating factors: three, N.J.S.A. 2C:44-1(a)(3) (risk of defendant committing another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a4395-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-08
status:	unpublished
citation:
Document Size:	31585