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151 STATE OF NEW JERSEY v. M.C -- rank: 720

... separate sentencing proceedings, the court found multiple aggravating factors under N.J.S.A. 2C:44- 1(a) supporting its imposition of defendants' sentences. Defendants, however, challenge only the court's finding of aggravating factor two, N.J.S.A. 2C:44-1(a)(2), the gravity and seriousness of the harm inflicted ... physical or mental power of resistance[,]' and aggravating factor twelve, N.J.S.A. 2C:44-1(a)(12), the offense was committed against a person the ... the court erred by failing to find mitigating factors two, N.J.S.A. 2C:44-1(b)(2), the defendant did not contemplate causing serious harm, four, N.J.S.A. 2C:44-1(b)(4), there were substantial grounds excusing or justifying the defendant's conduct, and five, N.J.S.A. 2C:44-1(b)(5), the victim induced or facilitated the defendant' ...

docket:	a1137-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-08-03
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Document Size:	100665

152 STATE OF NEW JERSEY, V. ENOC PIMENTEL -- rank: 718

... of the sentence, the judge found applicable aggravating 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). Aggravating factor three applied 'based upon just the ... A-2814-17T2 The judge also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), and ten, N.J.S.A. 2C:44-1(b)(10), applied because defendant had shown, 'a substantial period ... for first time offenders of fourth-degree crimes codified in N.J.S.A. 2C:44-1, defendant argues that the statute's mandatory 180-day ...

docket:	a2814-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-22
status:	Published
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Document Size:	56489

153 /usr/local/share/www/libweb/collections/courts/appellate/a5935-17.opn.html -- rank: 718

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), six, the nature and extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6), and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9); found no mitigating factors, see generally N.J.S.A. 2C:44-1(b)(1) to (14); and determined the aggravating factors substantially ...

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154 /usr/local/share/www/libweb/collections/courts/appellate/a0432-17.opn.html -- rank: 718

... court found and weighed the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b). The court's findings are supported by ... aggravating factor three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3). 9 Although age is not distinctly identified as ... to be considered under our sentencing statutes, see, e.g., N.J.S.A. 2C:44-1(a) and (b), a court may properly consider a defendant ... contemplate that his conduct would cause or threaten serious harm,' N.J.S.A. 2C:44-1(b)(2); four, '[t]here were substantial grounds tending to ... the defendant's conduct, though failing to establish a defense,' N.J.S.A. 2C:44-1(b)(4); eight, '[t]he defendant's conduct was the result of circumstances unlikely to recur,' N.J.S.A. 2C:44-1(b)(8); and thirteen, '[t]he conduct of a ...

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155 State v. David Chavies -- rank: 718

... offense; and nine, the need to deter future offenses. See N.J.S.A. 2C:44-1(a)(3), (6), (9). The court found no mitigating factors ... such mitigating factor is, of course, excessive hardship to defendant, N.J.S.A. 2C:44-1(b)(11), which imposition of a minimum term. The minimum ...

docket:	a-25-20
court:	NJ Supreme Court
decided:	2021-07-12
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Document Size:	75948

156 STATE OF NEW JERSEY VS. TRAVIS M. FLOOD -- rank: 718

... of the revised 'real time' defendant will serve pursuant to N.J.S.A. 2C:44-1(c)(2). I. We discern the following pertinent facts and ... apply: three, the risk the defendant will commit another offense [N.J.S.A.2C:44-1(a)(3)]; six, the extent of the defendant's prior criminal history [N.J.S.A. 2C:44- 1(a)(6)], which I give great weight to; and nine ... for deterring the defendant and others from violating the law [N.J.S.A. 2C:44-1(a)(9)]. That's both general and specific deterrence, and ... aggravating factor—either the 'nature and circumstances of the offense,' N.J.S.A. 2C:44-1(a)(1), or the 'gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2) —in violation of the rule stressed ...

docket:	a2841-22
court:	appellate
decided:	2024-05-14
status:	Unpublished
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Document Size:	54641

157 STATE OF NEW JERSEY v. JAMES WOETZEL -- rank: 718

... 4034-17T4 35 Here, the judge found aggravating factor two, N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of harm inflicted on the victim), aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense), and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others ... the law). The judge only found one mitigating factor, seven, N.J.S.A. 2C:44-1(b)(7) (defendant had no prior criminal history). Defendant does ... seven, which pertains to defendant's lack of criminal history. N.J.S.A. 2C:44-1(b)(8) and (9). The judge declined to find factors ... indicate that he is unlikely to commit another offense,' respectively. N.J.S.A. 2C:44-1(b)(8-9). In rejecting these factors, the judge ...

docket:	a4034-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-28
status:	Unpublished
citation:
Document Size:	75313

158 STATE OF NEW JERSEY v. TERRELL HAYWOOD -- rank: 718

... of any mitigating factors. The judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offenses); 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 ... the offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... the trial court failed to properly find and weigh the N.J.S.A. 2C:44-1 factors and to explain its reasoning for imposing consecutive sentences ... to support the judge's findings on aggravating factors one, N.J.S.A. 2C:44-1(a)(1), three N.J.S.A. 2C:44- ...

docket:	a3074-17
court:	NJ Superior Court Appellate Division
decided:	2020-10-30
status:	Unpublished
citation:
Document Size:	86611

159 /usr/local/share/www/libweb/collections/courts/appellate/a4021-14a4026-14.opn.html -- rank: 718

... judge stated his findings regarding applicable aggravating and mitigating factors. N.J.S.A. 2C:44-1(a), (b). He applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk of re-offense, and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. In doing so, the ... nine, was required. The judge also imposed aggravating factor thirteen, N.J.S.A. 2C:44-1(a)(13), providing 'defendant, while in the course of committing ...

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court:	NJ Superior Court Law/Chancery Division
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160 STATE OF NEW JERSEY v. DARYEL L. RAWLS -- rank: 718

... court improperly applied aggravating factors three (risk of re-offense), N.J.S.A. 2C:44-1(a)(3), and six (prior criminal record), A-4838-18 35 N.J.S.A. 2C:44-1(a)(6). He further asserts the court improperly 'double- counted' when applying aggravating factor nine (need to deter), N.J.S.A. 2C:44- 1(a)(9), when it stated defendant's actions took 'a ... eight, (conduct was the result of circumstances unlikely to recur), N.J.S.A. 2C:44-1(b)(8), improperly used his substance abuse problem against him ... evaluation mitigating factor ten (likely to respond to probationary treatment), N.J.S.A. 2C:44-1(b)(10), and eleven, (imprisonment would entail excessive hardship to dependents), N.J.S.A. 2C:44-1(b)(11). Defendant also argues as to mitigating factor ...

docket:	a4838-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-02
status:	Unpublished
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Document Size:	82009

161 STATE OF NEW JERSEY v. AARON LAMBERT -- rank: 715

... defendant to the presumption of imprisonment under subsection d. of [ N.J.S.A. ] 2C:44-1. The determination by the court shall not be subject to ...

docket:	a1483-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-16
status:	unpublished
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Document Size:	64351

162 /usr/local/share/www/libweb/collections/courts/appellate/a3723-17.opn.html -- rank: 715

... factor one, '[t]he nature and circumstances of the offense,' N.J.S.A. 2C:44-1(a)(1), applied because '[t]he victim was a total ... also found aggravating factors three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); five, the likelihood of defendant's involvement in organized crime, N.J.S.A. 2C:44-1(a)(5); six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The sentencing court adequately identified the facts supporting ... imprisonment would be a hardship on defendant's minor child, N.J.S.A. 2C:44-1(b)(11). The court then found that the aggravating ...

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163 STATE OF NEW JERSEY v. WEEDJY J. MILIEN -- rank: 715

... at 364–65. The trial judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense') and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... mitigating factors, the trial judge only found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) ('Imprisonment of the defendant would entail excessive hardship ... but rejected defendant's request to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) ('The defendant has no history of prior delinquency ... of time before the commission of the present offense.'); eight, N.J.S.A. 2C:44-1(b)(8) ('The defendant's conduct was the result of circumstances unlikely to recur.'); nine, N.J.S.A. 2C:44-1(b)(9) ('The character and attitude of the defendant ...

docket:	a4875-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	58762

164 STATE OF NEW JERSEY v. MIGUEL L. CAMARA -- rank: 715

... particularly vulnerable or incapable of resistance due to . . . extreme youth,' N.J.S.A. 2C:44-1(a)(2), would constitute improper 'double counting.' Defense counsel argued ... period of time before the commission of the present offense,' N.J.S.A. 2C:44-1(b)(7), should be applied and aggravating factor six, '[t ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6), should be rejected because defendant 'had a single ... was committed in an especially heinous, cruel, or depraved manner,' N.J.S.A. 2C:44-1(a)(1), two, three, '[t]he risk that defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), six, nine, '[t]he need for deterring defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9), fourteen, '[t]he offense involved an act ...

docket:	a0891-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-16
status:	Unpublished
citation:
Document Size:	37855

165 STATE OF NEW JERSEY v. JASON A. DOTTS, III -- rank: 713

... known was sixty years of age or older, or disabled), N.J.S.A. 2C:44-1(a)(2), (3),(6) (9) and (12), applied to each ... vulnerability of the victim. However, these factors are not identical. N.J.S.A. 2C:44-1(a)(2) refers to a victim's injuries, in part ... vulnerable or incapable of resistance due to . . . ill-health.' But N.J.S.A. 2C:44- 1(a)(12) is applicable when the defendant 'knew or should ... he was entitled to a finding of mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12); this was not the case for James, who ...

docket:	a4830-18
court:	NJ Superior Court Appellate Division
decided:	2022-09-01
status:	Unpublished
citation:
Document Size:	97873