Search Rutgers Law Library N.J. Court Opinions

2176 STATE OF NEW JERSEY v. JAMAR P. DAWKINS -- rank: 418

... s conduct); and (11) (imprisonment would cause serious hardship). See N.J.S.A. 2C:44-1(b). Those arguments were appropriately addressed by the trial judge ...

docket:	a5028-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-08-17
status:	Published
citation:
Document Size:	22514

2177 STATE OF NEW JERSEY v. JOHN WARGO -- rank: 418

... We agree with defendant that mitigating factor one was applicable, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten ...

docket:	a1264-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-21
status:	unpublished
citation:
Document Size:	25868

2178 STATE OF NEW JERSEY v. LAMAR P. WARREN -- rank: 418

... need for deterring defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(1), (2), (3), (5), (6) and (9). Defendant's ... substantially influenced by another person more mature than he. See N.J.S.A. 2C:44-1(b)(4), (8), (9) and (13). Counsel further argued at ...

docket:	a0064-17
court:	NJ Superior Court Appellate Division
decided:	2019-03-19
status:	Unpublished
citation:
Document Size:	16908

2179 Thisopinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R.1:36-3 STATE OF NEW JERSEY v. -- rank: 418

... in support of the applicable aggravating and mitigating factors in N.J.S.A. 2C:44-1. State v. Floribert Nava , No. A-4552-13 (App. Div ...

docket:	a3436-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-20
status:	unpublished
citation:
Document Size:	21474

2180 STATE OF NEW JERSEY v. EARL PEEPLES -- rank: 418

... On November 22, 2002, the sentencing judge found aggravating factors N.J.S.A. 2C:44-1(1),(3),(6), and (9), and sentenced defendant consistent with ... argue or raise the following issues: (1) mitigating factors under N.J.S.A. 2C:44-1(b); (2) the trial court impermissibly counted elements of the ...

docket:	a4487-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-20
status:	unpublished
citation:
Document Size:	14974

2181 STATE OF NEW JERSEY v. JOHN JOHNS -- rank: 418

... determining the length of the sentence for that offense, see N.J.S.A. 2C:44-1(a)(2), but it is not ordinarily a basis for ...

docket:	a2423-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-02
status:	unpublished
citation:
Document Size:	44430

2182 STATE OF NEW JERSEY VS. HUMPHREY COHEN -- rank: 418

... AND/OR IDENTIFYING ANY AGGRAVATING AND MITIGATING FACTORS ENUMERATED IN N.J.S.A. 2C:44-1(a) AND (b) TO SHOW DEFENDANT SHOULD: (1) BE SENTENCED ...

docket:	a1890-22
court:	appellate
decided:	2024-03-25
status:	Unpublished
citation:
Document Size:	19152

2183 STATE OF NEW JERSEY v. T.K. -- rank: 418

... SIC] IN NOT PROPERLY FOLLOWING THE LEGISLATIVE PROCEDURE OUTLINED IN N.J.S.A. 2C:44-1 WHEN SENTENCING DEFENDANT. POINT II COURT ABUSED ITS DESCRETION [SIC ... DOWNGRADING DEFENDANT'S SENTECE [SIC] ONE DEGREE LOWER PURSUANT TO N.J.S.A. 2C;44-1(f). In lieu of describing the factual details of defendant ...

docket:	a4853-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-28
status:	unpublished
citation:
Document Size:	18040

2184 STATE OF NEW JERSEY v. LUCMANE J. (JOSEPH) DAZILME -- rank: 416

... violating the law) outweighed the non-existent mitigating factors. See N.J.S.A. 2C:44-1. Defendant was sentenced to nine years incarceration with a four ...

docket:	A2691-04
court:	NJ Superior Court Appellate Division
decided:	2007-06-29
status:	unpublished
citation:
Document Size:	39987

2185 /usr/local/share/www/libweb/collections/courts/appellate/a3261-18.opn.html -- rank: 416

... sentencing. Based on our review, the application of aggravating factor N.J.S.A. 2C:44-1(a)(1) did not render the sentence illegal. Affirmed. 2 ...

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court:
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Document Size:	9138

2186 /usr/local/share/www/libweb/collections/courts/appellate/a0533-20.opn.html -- rank: 416

... the offender,' such as applicable aggravating and mitigating circumstances under N.J.S.A. 2C:44-1. . . .' Id. at 369. Should the A-0533-20 5 prosecutor ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	12854

2187 STATE OF NEW JERSEY v. MICHAEL NUNEZ -- rank: 416

... have been applicable, on appeal he mentions mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), that defendant was law-abiding for a A ... 6 significant period of time, and mitigating factor eleven, 1 N.J.S.A. 2C:44- 1(b)(11), that imprisonment would entail excessive hardship to a ... 1 Defendant cites to mitigating factor thirteen in his brief, N.J.S.A. 2C:44- - 1(b)(13). Based on his description of the factor, we ...

docket:	a0792-17
court:	NJ Superior Court Appellate Division
decided:	2018-09-19
status:	Unpublished
citation:
Document Size:	12896

2188 STATE OF NEW JERSEY v. ANDY R. TORRES, a/k/a ANDREW R. TORRES and ANDREW RUBEN TORRES -- rank: 414

... for resentencing because the judge had applied aggravated factor one, N.J.S.A. 2C:44-1(b)(1), and thereby engaged in impermissible double counting. State ... be resentenced because on October 19, 2020, the Legislature amended N.J.S.A. 2C:44-1(b), effective 'immediately,' to include a new mitigating factor applicable ... age of twenty-six. L. 2020, c. 110 (codified at N.J.S.A. 2C:44-1(b)(14)). Defendant argues that when he was resentenced the ...

docket:	a1259-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-23
status:	Unpublished
citation:
Document Size:	7754

2189 STATE OF NEW JERSEY v. ARMANDO CARREON -- rank: 414

... Div. 2010) (employing the aggravating and mitigating factors found in N.J.S.A. 2C:44-1(a) and (b) in determining whether a custodial sentence was ...

docket:	a5501-12
court:	NJ Superior Court Appellate Division
decided:	2014-08-11
status:	published
citation:	437 N.J.Super. 81 96 A.3d 305
Document Size:	26618

2190 STATE OF NEW JERESY v. ANTHONY BETHEA -- rank: 414

... counsel could have prevailed in seeking a downgraded sentence under N.J.S.A. 2C : 44-1 ( f ) (2) . Defendant's brief does n o t specific ...

docket:	a5848-06
court:	njappellate
decided:	2008-12-26
status:	unpublished
citation:	198 N.J. 316
Document Size:	27758