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286 STATE OF NEW JERSEY v. DWAYNE WILSON -- rank: 682

... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); two, the gravity and seriousness of the harm ... particularly vulnerable or incapable of resistance due to extreme youth, N.J.S.A. 2C:44-1(a)(2); three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and six, the nature and extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6). The court did not find any mitigating factors ... the court should find three of the aggravating factors under N.J.S.A. 2C:44-1(a) that the court relied upon in imposing sentence. Defendant ... State's request that the court find aggravating factor one, N.J.S.A. 2C:44-1(a)(1), and thereby permitted the court to engage ...

docket:	a0475-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
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Document Size:	27702

287 /usr/local/share/www/libweb/collections/courts/appellate/a4230-11a4231-11.opn.html -- rank: 682

... in its sentencing finding, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense), six, (6) (extent and ... no mitigating factors, and in fact explicitly rejected factor two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would ... found no mitigating factors, and explicitly rejected mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (co-defendant's conduct neither caused nor threatened ...

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court:	NJ Superior Court Law/Chancery Division
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288 STATE OF NEW JERSEY, by the COMMISSIONER OF TRANSPORTATION V. FREDERICO R. CAOILI -- rank: 682

... circumstances in which sentencing judges have significant discretion to exercise.      N.J.S.A. 2C:44-1 includes provisions that permit sentencing judges to depart from the ...

docket:	a-62-93
court:	njsupreme
decided:	1994-03-22
status:
citation:	143 N.J. 484
Document Size:	60560

289 /usr/local/share/www/libweb/collections/courts/appellate/a2828-18.opn.html -- rank: 682

... to allow the State time to appeal without jeopardy attaching. N.J.S.A. 2C:44-1(f)(2). 'Defendants are charged with notice of the terms ... upon the State's filing an appeal made pursuant to N.J.S.A. 2C:44-1(f)(2), an automatic stay of sentence is imposed, and ... avoid double jeopardy issues potentially created by the implementation of N.J.S.A. 2C:44-1(f)(2). State v. Farr, 183 N.J. Super. 463 ... statutory window, the sentence never became final by operation of N.J.S.A. 2C:44-1(f)(2) and Rule 2:9-3(c). Ibid. Because ... s trial counsel and the trial court. The notice cited N.J.S.A. 2C:44-1(f)(2), and made clear to defendant and her counsel ... should be required to advise defendants of the existence of N.J.S.A. 2C:44-1(f)(2) and Rule 2:9-3 after the ...

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290 /usr/local/share/www/libweb/collections/courts/appellate/a1788-18.opn.html -- rank: 682

... to sentence a first-degree offender one degree lower. See N.J.S.A. 2C:44-1(f)(2) (permitting the court to sentence a first-degree ... the wrong sentencing range in imposing that sentence. 10 See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); N.J.S.A. 2C:44-1(a)(6) ('the extent of the defendant's prior criminal record and the seriousness' of the offenses); N.J.S.A. 2C:44-1(a)(9) (the need to deter 'defendant and others from violating the law'); N.J.S.A. 2C:44-1(b)(11) (defendant's imprisonment 'would entail excessive hardship to ...

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291 STATE OF NEW JERSEY v. REYNALDO MORERA -- rank: 682

... of counsel and on the brief). PER CURIAM Pursuant to N.J.S.A. 2C:44-1(d), a sentencing court may 'waive the presumption of imprisonment ... 425 N.J. Super. 375, 386 (App. Div. 2012) (quoting N.J.S.A. 2C:44-1(d)). In addition, when a defendant is convicted of a ... the aggravating factors and where the interest of justice demands[.]' N.J.S.A. 2C:44-1(f)(2). Even if the State agrees to downgrade the ... 43- 6(f)(2), 'the presumption of imprisonment' contained in N.J.S.A. 2C:44-1(d) still applies. State v. Nance, 228 N.J. 378 ... to second-degree offense. The prosecutor noted that pursuant to N.J.S.A. 2C:44-1(d), a person convicted of a first- or second-degree ... in defendant's life. She found aggravating factor nine applied, N.J.S.A. 2C:44- 1(a)(9) (the need to deter defendant and others), ...

docket:	a1879-19
court:	NJ Superior Court Appellate Division
decided:	2020-10-28
status:	Unpublished
citation:
Document Size:	24352

292 STATE OF NEW JERSEY v. SWAPAN NANDY -- rank: 682

... 1984). The court found only one aggravating factor, number nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others. As for mitigating factors, the court found only factor seven, N.J.S.A. 2C:44-1(b)(7), the fact that defendant had no prior offenses. The judge specifically rejected mitigating factors one and two, N.J.S.A. 2C:44-1(b)(1) and (2), because he found that, had the ... to act the way he did, and mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), that these were circumstances unlikely to recur. As ... Finally, the court declined to find that mitigating factor nine, N.J.S.A. 2C:44-1(b)(9), that defendant's "character and attitude indicate that ...

docket:	a1659-08
court:	superior court appellate division
decided:	2010-10-08
status:	unpublished
citation:
Document Size:	92261

293 STATE OF NEW JERSEY v. EVAN SIEMASKO -- rank: 680

... the brief). PER CURIAM This appeal presents one issue: whether N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor for crimes ... three aggravating factors: factor three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); factor six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6); and factor nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). In finding those aggravating factors, the court noted ... the defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4), based on defendant's substance-abuse history. The ... s conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8), given defendant's character and attitude at ...

docket:	a3831-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-06
status:	Unpublished
citation:
Document Size:	20552

294 STATE OF NEW JERSEY v. JANEAN OWENS -- rank: 680

... jointly." Cannel, New Jersey Criminal Code Annotated , comment 3 on N.J.S.A. 2C:44-1, at 1089 (2012). Factor one concerns "[t]he nature and ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). Factor two considers "[t]he gravity and seriousness ... incapable of exercising normal physical or mental power of resistance." N.J.S.A. 2C:44-1(a)(2). When a sentencing court considers the harm a ... mitigating factor twelve, Owens' willingness to cooperate with the authorities, N.J.S.A. 2C:44-1(b)(12). In Dalziel , supra , 182 N.J. at 505 ... was substantially influenced by another person more mature than [her]," N.J.S.A. 2C:44-1(b)(13). However, it is listed on the judgment of ...

docket:	a0803-09
court:	NJ Superior Court Appellate Division
decided:	2012-09-04
status:	unpublished
citation:
Document Size:	116181

295 /usr/local/share/www/libweb/collections/courts/appellate/a2694-18.opn.html -- rank: 680

... NERA after applying aggravating factors three, six and nine. See N.J.S.A. 2C:44-1(a)(3)(6) and (9). The court did not find ... status as an independent factor in the sentencing calculus. See N.J.S.A. 2C:44-1(b)(14). The court must consider defendant's age in ...

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court:	New Jersey Superior Court Appellate Division
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296 /usr/local/share/www/libweb/collections/courts/supreme/a1921-15.opn.html -- rank: 680

... In Nance , the Supreme Court made this requirement abundantly clear: N.J.S.A. 2C:44-1(d) provides: The court shall deal with a person who ... quoting State v. Rivera , 124 N.J. 122 , 125 (1991)). N.J.S.A. 2C:44-1(d) thus imposes a high standard that must be overcome ... internal quotation marks omitted)). . . . . We construe section 6.2 and N.J.S.A. 2C:44-1(d) so as to harmonize the two components of the ... first or second-degree offense from the presumption of incarceration. N.J.S.A. 2C:44-1(d) governs the sentencing of any "person who has been ... exception for defendants who are granted a Graves Act waiver. N.J.S.A. 2C:44-1(d). Because one of the two alternative sentences permitted under ... year -- constitutes a "sentence of imprisonment" within the meaning of N.J.S.A. 2C:44-1(d), an assignment judge or designee may comply with ...

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court:	NJ Superior Court Law/Chancery Division
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297 STATE OF NEW JERSEY v. KENNETH M. WATFORD a/k/a KENNETH WATFORD, DAKEE B MUKHWANNA and EUGENE WATFORD -- rank: 680

... was committed in an especially heinous, cruel, or depraved manner[.]" N.J.S.A. 2C:44-1(a)(1). Factor two allows a court to consider "[t ... incapable of exercising normal physical or mental power of resistance[.]" N.J.S.A. 2C:44-1(a)(2). Factor twelve considers whether a "defendant committed the ... person who he knew or should have known was . . . disabled[.]" N.J.S.A. 2C:44-1(a)(12). The court "consider[ed] these [three] factors as ... there is a "risk that defendant will commit another offense." N.J.S.A. 2C:44-1(a)(3). Factor six allows a sentencing judge to consider ... seriousness of the offenses of which he has been convicted." N.J.S.A. 2C:44-1(a)(6). Factor nine allows consideration of the "need for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(9). We are satisfied that the trial court ...

docket:	a2990-11
court:	New Jersey Superior Court Appellate Division
decided:	2016-04-04
status:	Published
citation:
Document Size:	51829

298 /usr/local/share/www/libweb/collections/courts/appellate/a5386-17.opn.html -- rank: 680

... findings regarding the aggravating and mitigating factors: Aggravating factor [three, N.J.S.A. 2C:44-1(a)(3),] the risk that the defendant will commit another ... that he will commit another offense. Additionally, aggravating factor [six, N.J.S.A. 2C:44-1(a)(6),] applies, and that is the extent of defendant ... off for the purpose of this proceeding. And number [nine, N.J.S.A. 2C:44-1(a)(9),] the need to deter the defendant particularly and ...

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299 STATE OF NEW JERSEY v. ANTHONY M. WASHINGTON -- rank: 680

... October 25, 2016. The judge found that aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense) applied because ... also determined that aggravating factors three, six, and nine applied. N.J.S.A. 2C:44- 1(a)(3) (risk of re-offense); (a)(6) (extent of ... substantial weight. The judge applied aggravating factor fifteen as well. N.J.S.A. 2C:44-1(a)(15) (offense involved an act of domestic violence and ... preponderated. 2 The judgment of conviction omits aggravating factor one, N.J.S.A. 2C:44-1(a)(1), and should be corrected on remand. A-2210 ... the record that the judge was applying aggravating factor one, N.J.S.A. 2C:44-1(a)(1), to the aggravated assault count. This point does ...

docket:	a2210-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-04
status:	Unpublished
citation:
Document Size:	45337

300 STATE OF NEW JERSEY v. J.A.W. -- rank: 680

... defendant argues the judge failed to consider mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), concerning excessive hardship on dependents. In reviewing mitigating ...

docket:	a5255-17
court:	NJ Superior Court Appellate Division
decided:	2020-11-12
status:	Unpublished
citation:
Document Size:	50944