Search Rutgers Law Library N.J. Court Opinions

271 STATE OF NEW JERSEY VS. DELSHON J. TAYLOR JR. -- rank: 687

... factors. The court gave 'moderate weight' to aggravating factor three, N.J.S.A. 2C:44- 1(a)(3), '[t]he risk that the defendant will commit another offense,' and found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), '[t]he need for deterring the defendant and ... applied. The court gave 'moderate weight' to mitigating factor two, N.J.S.A. 2C:44-1(b)(2), '[t]he defendant did not contemplate that the ... or threaten serious harm'; 'slight weight' to mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), '[t]he defendant has no history of prior ... of the present offense'; 'moderate weight' to mitigating factor eight, N.J.S.A. 2C:44- 1(b)(8), '[t]he defendant’s conduct was the result ... 3359-21 11 recur'; 'slight weight' to mitigating factor nine, N.J.S.A. 2C:44-1(b)(9), '[t]he character and attitude of the ...

docket:	a3359-21
court:	appellate
decided:	2024-04-22
status:	Unpublished
citation:
Document Size:	43966

272 STATE OF NEW JERSEY v. JUAN D. SANES -- rank: 687

... aggregate fifty-year term. The court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('risk . . . defendant will commit another offense'), noting defendant ... child occupied. 9 The court also found aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('extent of . . . defendant's prior criminal record and ... vehicle's occupants. 28 A-5319-17 aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter 'defendant and others from violating ...

docket:	a5319-17
court:	NJ Superior Court Appellate Division
decided:	2021-08-31
status:	Unpublished
citation:
Document Size:	49969

273 STATE OF NEW JERSEY VS. MICHAEL OWENS -- rank: 687

... given to general deterrence as an aggravating factor in sentencing. N.J.S.A. 2C:44-1(a)(9). This leaves defendant's third and fourth arguments ... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(9). Given the convictions of aggravated assault and murder ...

docket:	a1148-22
court:	appellate
decided:	2024-06-10
status:	Unpublished
citation:
Document Size:	66266

274 /usr/local/share/www/libweb/collections/courts/appellate/a5709-18.opn.html -- rank: 687

... Arre then considered the aggravating and mitigating sentencing factors under N.J.S.A. 2C:44-1 and found applicable aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (the 'nature and circumstances of the offense, and ... an especially heinous, cruel, or depraved manner'); aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit ... offense'), which the judge gave 'considerable weight'; aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... which he also gave 'considerable weight'; and, aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the 'need for deterring the defendant and others ...

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275 STATE OF NEW JERSEY v. CARLOS W. CARDOZA -- rank: 687

... a term appropriate to a second- degree crime pursuant to N.J.S.A. 2C: 44-1(f)(2). We conclude that the trial judge acted within ... than that of the crime for which he was convicted. [N.J.S.A. 2C:44-1(f)(2).] In State v. Megargel, the Court provided guidance ... interest of justice demand[s] a downgraded sentence.' Ibid. (quoting N.J.S.A. 2C:44-1(f)(2)). The Court further explained that in applying this ...

docket:	a5327-16
court:	NJ Superior Court Appellate Division
decided:	2020-02-12
status:	Unpublished
citation:
Document Size:	53855

276 STATE OF NEW JERSEY v. RASHAUN A. FENTRESS, a/k/a SHAWN B. FENTRES RASHUAN A. FENTRESS RASHAUN BAN, ZEUS FENTRESS RASHAUN ZUSE, and ALLAN FRANCIS -- rank: 685

... identify the applicable aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1. R. 3:21-4(g); Fuentes, 217 N.J. at ... under the three indictments. He found no mitigating factors. See N.J.S.A. 2C:44-1(b)(1) to (13). Defendant contends the court erred by ... motor vehicle while engaging in the criminal activity charged 4 N.J.S.A. 2C:44-1(a)(3). 5 N.J.S.A. 2C:44-1(a)(6). 6 N.J.S.A. 2C:44-1(a)(9). 7 N.J.S.A. 2C:44-1(a)(13). A-1720-16T1 18 although it was ...

docket:	a1720-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-27
status:	Unpublished
citation:
Document Size:	35541

277 STATE OF NEW JERSEY v. DWAYNE JONES -- rank: 685

... plea agreement. The sentencing judge found applicable aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk of reoffending), and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence); along with mitigating factor thirteen, N.J.S.A. 2C:44-1(b)(13) (conduct of a youthful offender substantially influenced by ... judge to address whether other mitigating factors applied, including: one, N.J.S.A. 2C:44-1(b)(1) (conduct neither causing nor threatening serious harm); two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would cause or threaten serious harm); three, N.J.S.A. 2C:44-1(b)(3) (acting under strong provocation); four, N.J. ...

docket:	a1011-10
court:	NJ Superior Court Appellate Division
decided:	2012-12-17
status:	unpublished
citation:
Document Size:	20534

278 STATE OF NEW JERSEY v. KAREEM A. MCNEIL -- rank: 685

... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44- 1(b)(14), AND CONDUCT AN ABILITY[-]TO[-]PAY HEARING. POINT ... aggravating factors three (risk of re-offense) and nine (deterrence), N.J.S.A. 2C:44-1(a)(3) and (a)(9), 'very clearly' outweighed mitigating factor ... substantially influenced by another person more mature than the defendant'), N.J.S.A. 2C:44-1(b)(6) and (b)(13). Because the present offense constituted ... conviction, the judge expressly declined to find aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('defendant's prior criminal record'). A-4389-18 ... the age of twenty -six when he committed the offense) N.J.S.A. 2C:44-1(b)(14), should be applied retroactively to his sentence. Further ... defendant's character and attitude indicate an unlikelihood of reoffending), N.J.S.A. 2C:44-1(b)(8) and (b)(9). A-4389-18 32 ...

docket:	a4389-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-09
status:	Unpublished
citation:
Document Size:	59296

279 State v. Orlando Trinidad -- rank: 685

... aggravating factors and where the interest of justice demands.” N.J.S.A. 2C:44-1(f)(2) (emphasis added). Here, the judge did not make ... In sentencing Trinidad, the judge applied three mitigating factors, see N.J.S.A. 2C:44-1(b)(7) (“The defendant has no history of prior ... of time before the commission of the present offense[.]”); N.J.S.A. 2C:44-1(b)(8) (“The defendant’s conduct was the result of circumstances unlikely to recur[.]”); N.J.S.A. 2C:44-1(b)(9) (“The character and attitude of the defendant ... unlikely to commit another offense[.]”), and one aggravating factor, N.J.S.A. 2C:44-1(a)(9) (“The need for deterring the defendant and ... aggravating factors and where the interest of justice demands.” N.J.S.A. 2C:44-1(f)(2) (emphasis added); accord State v. Megargel, 143 ...

docket:	a-65-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	91754

280 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 685

... the presumption of incarceration for second-degree crimes contained in N.J.S.A. 2C:44-1(d), Section 14 created an exception for certain drug-dependent ...

docket:	a3746-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Published
citation:
Document Size:	76245

281 STATE OF NEW JERSEY v. FEDELE GODUTO -- rank: 685

... found the following aggravating factors: nature and circumstances of offense, N.J.S.A. 2C:44-1(a)(1); 1 gravity and seriousness of harm inflicted on victim, N.J.S.A. 2C:44-1(a)(2); risk of re-offending, N.J.S.A. 2C:44-1(a)(3); extent of prior criminal record, N.J.S.A. 2C:44-1(a)(6); offense committed against police officer, N.J.S.A. 2C:44-1(a)(8); and need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court also found as a mitigating ...

docket:	a2692-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:
Document Size:	35590

282 STATE OF NEW JERSEY v. JAMIE SPARKS -- rank: 685

... any aggravating factors found by the trial judge pursuant to N.J.S.A. 2C:44-1 are based upon sufficient credible evidence in the record. State ... to the armed robbery, aggravated assault, and child endangerment offenses. N.J.S.A. 2C:44-1(a)(1). The court found that aggravating factor two, "the ... inflicted on the victim," applied solely to the robbery conviction. N.J.S.A. 2C:44-1(a)(2). The court held that these two factors would ... one]." Cannel, New Jersey Criminal Code Annotated, comment 3 on N.J.S.A. 2C:44-1 (2015). In State v. Soto , 340 N.J. Super. 47 ...

docket:	a5388-11
court:	NJ Superior Court Appellate Division
decided:	2017-02-22
status:	unpublished
citation:
Document Size:	92644

283 STATE OF NEW JERSEY v. TROY J. WASHINGTON -- rank: 685

... t]he risk that the defendant will commit another offense", N.J.S.A. 2C:44-1(a)(3); (6) "[t]he extent of the defendant's ... seriousness of the offenses of which he has been convicted", N.J.S.A. 2C:44-1(a)(6); and (9) " [t] he need for deterring the defendant and others from violating the law", N.J.S.A. 2C:44-1(a)(9). The court also determined that there were no ... period of time before the commission of the present offense," N.J.S.A. 2C:44-1(b)(7), and that the underlying circumstances were unlikely to recur," N.J.S.A. 2C:44-1(b)(8). His family support and expression of remorse made him "unlikely to commit another offense." N.J.S.A. 2C:44-1(b)(9). And a lengthy imprisonment "would entail excessive ...

docket:	a1818-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-25
status:	unpublished
citation:
Document Size:	37581

284 STATE OF NEW JERSEY v. BRANDON W. VASHEY STATE OF NEW JERSEY v. DARYEL L. RAWLS, a/k/a DARRYL RAWLS, DARYEL C RAWLS DARYL RAWLS, and DERRYL RAWLS STATE OF NEW JERSEY v. DECTRIC J. RAWLS, a/k/a JERMAINE JEFFERSON, LO LO DETRIC RAWLS, DETRIC J RAWL -- rank: 685

... Div. 1986), certif. denied , 108 N.J. 648 (1987). 6 N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense[.]" 7 N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... seriousness of the offenses which he has been convicted. . . ." 8 N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ...

docket:	a1065-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	119946

285 STATE OF NEW JERSEY v. DONALD SCURRY -- rank: 685

... aggravating factor three—the risk he would commit another offense, N.J.S.A. 2C:44-1(a)(3), applied and should be given substantial weight. The ... trial judge found aggravating factor nine—the need for deterrence, N.J.S.A. 2C:44-1(a)(9), because even assuming Clark initially believed he was ...

docket:	a5102-18
court:	NJ Superior Court Appellate Division
decided:	2023-12-28
status:	Unpublished
citation:
Document Size:	79970