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1621 STATE OF NEW JERSEY v. ERIC A. BURNHAM, -- rank: 513

... never requested the trial court to apply mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14). II. Because defendant neither moved before the trial ... charge, the trial court should also consider mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), in its decision. Reversed and remanded for further ...

docket:	a3519-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-21
status:	Published
citation:
Document Size:	16596

1622 STATE OF NEW JERSEY v. MARCO TULIO-ALVAREZ LOPEZ -- rank: 513

... was committed in an especially heinous, cruel or depraved manner. N.J.S.A. 2C:44- 1(a)(1). The judge considered that the victim had taken ... gravity and seriousness of the harm inflicted on the victim. N.J.S.A. 2C:44-1(a)(2). In finding that factor, the trial court considered ...

docket:	a2654-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	27551

1623 STATE OF NEW JERSEY v. DOUGLAS L. BATTLE -- rank: 513

... 18T1 3 finding aggravating factors three, six, and nine, see N.J.S.A. 2C:44-1(a)(3), (6) and (9), and no mitigating factors, the ... referred to any of the statutory mitigating factors prescribed in N.J.S.A. 2C:44-1(b) and specifically those set forth in N.J.S.A. 2C:44-1(b)(3) (defendant acted under a strong provocation), (4) (substantial ...

docket:	a2066-18
court:	NJ Superior Court Appellate Division
decided:	2020-05-15
status:	Unpublished
citation:
Document Size:	28884

1624 /usr/local/share/www/libweb/collections/courts/appellate/a0938-12xx.opn.html -- rank: 513

... and attitude make it unlikely he will commit another offense). N.J.S.A. 2C:44-1(b)(8) and (9). Defendant also contends the failure to ... psychiatric conditions as a basis to excuse his conduct, see N.J.S.A. 2C:44-1(b)(4), was error. These arguments are unavailing and lack ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	41030

1625 STATE OF NEW JERSEY v. NA'EEM SANTIAGO -- rank: 513

... Connor failed to address the appropriate statutory factors, pursuant to N.J.S.A. 2C:44-1. Santiago , supra , (slip op. at 11-12). On October 10 ... 21-10(b)(5). He argued that his sentence violated N.J.S.A. 2C:44-1, because Judge Connor failed to address the appropriate aggravating and ... take into consideration the appropriate aggravating and mitigating factors under N.J.S.A. 2C:44-1, we conclude that this argument is without sufficient merit to ...

docket:	a2064-13
court:	NJ Superior Court Appellate Division
decided:	2015-07-21
status:	unpublished
citation:
Document Size:	14050

1626 STATE OF NEW JERSEY v. DEBORAH A. MEEHAN -- rank: 513

... downgrade[,]" as permitted by the "demanding" standard set forth in N.J.S.A. 2C:44-1(f)(2). Id. at 18-19. On remand, the trial ... this downgrade" to the range for a third-degree offense. N.J.S.A. 2C:44-1(f)(2). The judge imposed an identical three-year sentence ... The judge weighed these additional reasons when concluding application of N.J.S.A. 2C:44-1(f)(2) was warranted. He found the sentence imposed had ... 64 n. 4. In this matter the trial judge applied N.J.S.A. 2C:44-1(f)(2), which permits imposition of a prison term "one degree lower" than that stated for the convicted crime. N.J.S.A. 2C:44-1(f)(2) provides in pertinent part: In cases of convictions ...

docket:	a0689-15
court:	NJ Superior Court Appellate Division
decided:	2016-08-26
status:	unpublished
citation:
Document Size:	23642

1627 STATE OF NEW JERSEY VS. J.C-M. -- rank: 513

... a second-degree crime which carries a presumption of imprisonment, N.J.S.A. 2C:44-1(d), and is subject to a mandatory minimum period of ...

docket:	a0676-22
court:	appellate
decided:	2024-06-28
status:	Unpublished
citation:
Document Size:	24619

1628 STATE OF NEW JERSEY v. PERRY ALSTON -- rank: 513

... three aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. After merging ...

docket:	a2292-10
court:	NJ Superior Court Appellate Division
decided:	2013-08-21
status:	unpublished
citation:
Document Size:	23435

1629 STATE OF NEW JERSEY v. R.Y. -- rank: 513

... aggravating factors two and three should not have been applied. N.J.S.A. 2C:44-1(a)(2)(the gravity and seriousness of harm inflicted upon ... that mitigating factors eight and eleven should have been considered. N.J.S.A. 2C:44-1(b)(7) (lack of an adult record); -1(b)(8 ...

docket:	a5126-14
court:	NJ Superior Court Appellate Division
decided:	2018-01-16
status:	unpublished
citation:
Document Size:	49791

1630 STATE OF NEW JERSEY v. ANGELA L. OTEY -- rank: 513

... and to recommend sentencing in the third-degree range, see N.J.S.A. 2C:44-1(f)(2), specifically a five-year custodial sentence subject to ...

docket:	a3855-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-09
status:	unpublished
citation:
Document Size:	38823

1631 STATE OF NEW JERSEY v. ERNEST M. PIERCE, III -- rank: 513

... factors three, six and nine applied to all counts. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (the ... A.R., the judge also found aggravating factor one. See N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense and ...

docket:	a4251-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-11
status:	Unpublished
citation:
Document Size:	20109

1632 STATE OF NEW JERSEY v. MARCO DIGIOVANNI -- rank: 513

... and attitude make it unlikely he will commit another offense). N.J.S.A. 2C:44-1(b)(8) and (9). Defendant also contends the failure to ... psychiatric conditions as a basis to excuse his conduct, see N.J.S.A. 2C:44-1(b)(4), was error. These arguments are unavailing and lack ...

docket:	a5683-09
court:	NJ Superior Court Appellate Division
decided:	2014-07-23
status:	unpublished
citation:
Document Size:	42214

1633 STATE OF NEW JERSEY v. CORREL GLENN -- rank: 513

... factors three, six and nine substantially outweighed mitigating factor two. N.J.S.A. 2C:44-1. In the course of the sentencing, the prosecutor requested that ...

docket:	a5680-04
court:	njappellate
decided:	2007-04-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	55653

1634 STATE OF NEW JERSEY v. MAYHEW D. WATSON, JR. -- rank: 513

... factors 3, 6, and 9, and no factors in mitigation. N.J.S.A. 2C:44-1(a) and N.J.S.A. 2C:44-1(b). The judge found the aggravating factors based on defendant ... s sentencing brief: 2, 4, 8, 9, 10, and 11. N.J.S.A. 2C:44-1(b)(2), (4), (8), (9), (10), (11). He based his ...

docket:	a1645-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-03
status:	unpublished
citation:
Document Size:	24757

1635 STATE OF NEW JERSEY v. VICTOR PENZO -- rank: 513

... twenty-year term, the trial judge invoked aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others). The ...

docket:	a4616-06
court:	NJ Superior Court Appellate Division
decided:	2009-01-08
status:	unpublished
citation:
Document Size:	20944