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541 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 STATE OF NEW JERSEY v. J.Y.D -- rank: 640

... then found that aggravating factors one, three, and nine, of N.J.S.A. 2C:44-1(a), applied. 21 A-3221-14T4 Defendant contends that the ...

docket:	a3221-14
court:	NJ Superior Court Appellate Division
decided:	2017-11-09
status:	unpublished
citation:
Document Size:	80097

542 State v. Dashawn Miller -- rank: 640

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant’s prior criminal record and seriousness of the offenses of conviction, 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). For the robbery count relating to Dominguez, the ...

docket:	a-94-09
court:	New Jersey Supreme Court
decided:	2011-03-14
status:
citation:	205 N.J. 109 13 A.3d 873
Document Size:	95231

543 STATE OF NEW JERSEY v. DAVID I. TAYLOR -- rank: 640

... the trial judge found aggravating factor three (risk for recidivism), N.J.S.A. 2C:44-1(a)(3), due to his drug addiction and noted lack ... judge also applied aggravating factor nine (the need for deterrence), N.J.S.A. 2C:44-1(a)(9). The judge found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (no history of prior delinquency or criminal activity ... mere fine would be seen as cost of doing business), N.J.S.A. 2C:44-1(a)(11). After merging the simple assault into the robbery ... his severe drug addiction as support for aggravating factor three, N.J.S.A. 2C:44-1(a)(3), because his addiction should have been regarded as ... also contends that the court erroneously found aggravating factor eleven, N.J.S.A. 2C:44-1(a)(11), because that factor is only applicable where ...

docket:	a3888-13
court:	NJ Superior Court Appellate Division
decided:	2016-08-04
status:	unpublished
citation:
Document Size:	35444

544 /usr/local/share/www/libweb/collections/courts/appellate/a1867-19.opn.html -- rank: 640

... trial court erred in failing to find mitigating factors eight, N.J.S.A. 2C:44-1(b)(8) ('defendant's conduct was the result of circumstances unlikely to recur'), and nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude 'indicate that he ... court well-explained its reasons for finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'), six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... the offenses of which he has been convicted'), and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... law'); and for rejecting defendant's proposed mitigating factors one, N.J.S.A. 2C:44-1(b)(1) ('[t]he defendant's conduct neither caused ...

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545 STATE OF NEW JERSEY v. RUDELL ANDERSON -- rank: 640

... 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 ... presumption of imprisonment authorized or required by subsection d. of [ N.J.S.A. ] 2C:44-1, or a basis for not imposing a term of imprisonment ...

docket:	a5851-09
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	40204

546 STATE OF NEW JERSEY v. ANTHONY C. FIGUEROA -- rank: 638

... factor six ('extent of the defendant's prior criminal record'), N.J.S.A. 2C:44- 1(a)(6). He asserts that a remand for resentencing is ... aggravating or mitigating factors found by the trial judge under N.J.S.A. 2C:44-1 are based upon sufficient credible evidence in the record. State ... factors three ('risk that the defendant will commit another offense'), N.J.S.A. 2C:44-1(a)(3); five (substantial likelihood defendant is involved in organized criminal activity), N.J.S.A. 2C:44-1(a)(5); six ('defendant's prior criminal record and the ... seriousness of the offenses of which defendant has been convicted'), N.J.S.A. 2C:44-1(a)(6); and nine (need for specific and general deterrence), N.J.S.A. 2C:44-1(a)(9). The court found that no mitigating factors ...

docket:	a0322-19
court:	NJ Superior Court Appellate Division
decided:	2022-11-18
status:	Unpublished
citation:
Document Size:	60483

547 STATE OF NEW JERSEY v. DWAYNE S. JOHNSON -- rank: 638

... TRIAL COURT MISAPPLIED ITS DISCRETION IN FINDING THAT AGGRAVATING FACTOR N.J.S.A. 2C:44-1[(a)](2) WAS APPLICABLE. (B) THE TRIAL COURT MISAPPLIED ITS ... VI. At sentencing, the judge found three aggravating factors, including N.J.S.A. 2C:44-1(a)(2) (aggravating factor two): The gravity and seriousness of ... or she has been rendered vulnerable within the meaning of [ N.J.S.A. 2C:44-1(a)(2)]. Id. at 219. "It is well-settled that ... at 74-75. However, in the context of aggravating factor N.J.S.A. 2C:44-1(a)(1), 2 the Court reasoned: In appropriate cases, a ... was committed in an especially heinous, cruel, or depraved manner[.]" N.J.S.A. 2C:44-1(a)(1). This archive is a service of Rutgers School ...

docket:	a2758-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-30
status:	unpublished
citation:
Document Size:	60281

548 STATE OF NEW JERSEY VS. ROBERT W. SMITH -- rank: 638

... court found aggravating factors three (the risk of re-offense), N.J.S.A. 2C:44-1(a)(3); six (defendant's prior criminal record), 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 court also considered but found no mitigating ...

docket:	a1650-21
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	39637

549 STATE OF NEW JERSEY v. R.J.C. -- rank: 638

... memorandum urging the trial court to find mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of a prior criminal record); eight, N.J.S.A. 2C:44-1(b)(8) ('defendant's conduct was the result of circumstances unlikely to recur'); eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would cause hardship to A-3160-20 2 defendant's dependents); and twelve, N.J.S.A. 2C:44-1(b)(12) (defendant's willingness to cooperate with law enforcement ... defendant's 'character' warranted a finding of mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character indicates he 'is unlikely to ... commit another offense'). The trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (the nature of the offense and whether ' ...

docket:	a3160-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-26
status:	Unpublished
citation:
Document Size:	18994

550 STATE OF NEW JERSEY VS. JOHN T. BRAGG -- rank: 638

... the trial judge found aggravating factors three, six, and nine, N.J.S.A 2C:44-1(a)(3), (6), and (9), and no mitigating factors. He ... conduct; and the victims induced or facilitated defendant's conduct. N.J.S.A. 2C:44-1(b)(3), (4), and (5). He reiterates the mistaken jury ... identify and balance the aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b) and explain the factual basis supporting its ...

docket:	a3502-21
court:	appellate
decided:	2024-05-03
status:	Unpublished
citation:
Document Size:	41286

551 STATE OF NEW JERSEY v. LAQUAY WILLIAMS -- rank: 638

... State v. Roth , 95 N.J. 334 , 363-65 (1984). N.J.S.A. 2C:44-1 established factors to be weighed during sentencing. Here, the court applied three aggravating factors: N.J.S.A. 2C:44-1(a)(3), the risk of re-offense; N.J.S.A. 2C:44-1(a)(6), the nature and extent of the defendant’s prior record; and N.J.S.A. 2C:44-1(a)(9), the need for deterrence. The trial judge made findings as to each of the aggravating factors found. N.J.S.A. 2C:44-1(a)(3), the risk of re-offense, was found based ... s "frequent contact with the criminal and juvenile justice system." N.J.S.A. 2C:44-1(a)(6), the nature and extent of the defendant' ...

docket:	a5036-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-15
status:	unpublished
citation:
Document Size:	37432

552 STATE OF NEW JERSEY v. DAQUAN R. BROWN -- rank: 638

... much weight on the three aggravating factors the judge found: N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense;" N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... of the offenses of which he has been convicted;" and N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... violating the law," and did not find any mitigating factors, N.J.S.A. 2C:44-1(b). The judge found that defendant "ran up to Mr ... court reviewed potential mitigating factors and rejected mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), "[t]he defendant's conduct was the result of circumstances unlikely to recur;" nine, N.J.S.A. 2C:44-1(b)(9), "[t]he character and attitude of the ...

docket:	a3289-11
court:	NJ Superior Court Appellate Division
decided:	2014-08-14
status:	unpublished
citation:
Document Size:	38161

553 /usr/local/share/www/libweb/collections/courts/appellate/a0365-18.opn.html -- rank: 638

... factors applied to counts four, five, nine, and twelve: three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... which involved defendant's sexual activity with C.L.: one, N.J.S.A. 2C:44- 1(a)(1) (nature and circumstances of the offense); and two, N.J.S.A. 2C:44- 1(a)(2) (gravity and seriousness of the harm to the ... C.L. The judge further found mitigating factor seven applied. N.J.S.A. 2C:44- 1(b)(7) (defendant has no history of criminal delinquency or ... statutory minimum of five years for a second-degree offense. N.J.S.A. 2C:44-1(a)(1). These contentions have no support in the ...

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554 STATE OF NEW JERSEY v. MARCQUESE W. PAISLEY -- rank: 638

... s motion and proceeded to sentencing. After finding aggravating factors N.J.S.A. 2C:44-1(a)(3) and (9), and no mitigating factors, the judge ... Defendant contends the record did not support finding aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk of reoffending), and (9) (need for deterrence ... nine. Defendant further argues the record supports finding mitigating factors N.J.S.A. 2C:44-1(b)(4) (substantial grounds excused or justified defendant's conduct ... Last, he argues the judge should have found mitigating factor N.J.S.A. 2C:44-1(b)(12) (cooperation with law enforcement), because he cooperated with ...

docket:	a4154-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-26
status:	unpublished
citation:
Document Size:	37942

555 STATE OF NEW JERSEY v. JAMES PERRY -- rank: 638

... sentence, the court found aggravating factors three, likelihood of reoffending, N.J.S.A. 2C:44-1(a)(3); six, prior record of convictions, N.J.S.A. 2C:44-1(a)(6); and nine, need to deter, N.J.S.A. 2C:44-1(a)(9). The court reviewed defendant's criminal record and ...

docket:	a6294-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-08-12
status:	Published
citation:
Document Size:	59221