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796 STATE OF NEW JERSEY v. TAHEEM DAVIS -- rank: 607

... years of parole ineligibility. The sentencing judge found aggravating factor N.J.S.A. 2C:44-1(a)(3), the risk the defendant will commit another offense ... going back almost [twenty] years.' He also found aggravating factor N.J.S.A. 2C:44- 1(a)(6), the extent of defendant's prior criminal record ... and unlawful possession of a handgun. He found aggravating factor N.J.S.A. 2C:44-1(a)(9), the need for deterring the defendant and others from violating the law. The judge found mitigating factor N.J.S.A. 2C:44-1(b)(11), the imprisonment of defendant would be an excessive ... claims the court: Failed to address and find mitigating factor N.J.S.A. 2C:44- 1(b)(9); improperly found aggravating factor N.J.S.A. 2C:44-1(a)(9) without finding a need for specific deterrence; ...

docket:	a1503-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-07
status:	Unpublished
citation:
Document Size:	25565

797 STATE OF NEW JERSEY v. SHANNON FIELD -- rank: 607

... applied: three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); seven, that defendant committed the offenses for pecuniary gain, N.J.S.A. 2C:44-1(a)(7); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Finding no mitigating factors, the judge concluded that ... to be sentenced as a third-degree offense pursuant to N.J.S.A. 2C:44-1(f)(1). This argument was also not raised below. Indeed ...

docket:	a4922-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	62878

798 STATE OF NEW JERSEY v. DONNELL LOGAN -- rank: 607

... The judge found aggravating sentencing factors three and nine. See N.J.S.A. 2C:44-1(a)(3) ("[t]he risk that the defendant will commit ... nine. The judge gave slight weight to mitigating factor seven. N.J.S.A. 2C:44-1(b)(7) ("defendant has no history of prior delinquency or ... He rejected defendant's argument that mitigating factor four applied, N.J.S.A. 2C:44-1(b)(4), "[t]here were substantial grounds tending to excuse ... defendant's conduct"), and declined to find mitigating factor eleven. N.J.S.A. 2C:44-1(b)(11) ("[t]he imprisonment of the defendant would entail ...

docket:	a3073-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	74339

799 STATE OF NEW JERSEY v. JOSHUA A. MALDONADO -- rank: 607

... found aggravating factor three, the risk defendant would re-offend, N.J.S.A. 2C:44-1(a)(3), six, his prior criminal history, N.J.S.A. 2C:44-1(a)(6), and nine, the need to deter him and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge refused to find mitigating factor seven, the lack of a prior criminal history, N.J.S.A. 2C:44-1(b)(7), because defendant had, at nineteen, two prior juvenile ...

docket:	a4545-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-09
status:	unpublished
citation:
Document Size:	44108

800 STATE OF NEW JERSEY v. KENNETH D. THOMAS -- rank: 607

... one act of domestic violence on more than one occasion.' N.J.S.A. 2C:44-1(a) (3), (6), (9) and (15). The court also found ... to respond to probation; and twelve, cooperation with law enforcement. N.J.S.A. 2C:44-1(b)(6), (10) and (12). 1 We transferred this appeal ... at 9-10).] I. No statutory authority. The Legislature enacted N.J.S.A. 2C:44-1(d) in 2015, imposing a presumption of incarceration on defendants ... Legislature mistakenly did not simultaneously include third-degree crimes in N.J.S.A. 2C:44-1(f)(2), which allows the State to appeal a probationary ... to permit the appeal of such sentence by the prosecution. [ N.J.S.A. 2C:44-1(f)(2) (emphasis added).] Thus, the statute explicitly allows the ... of the statute is clear. The Legislature could have amended N.J.S.A. 2C:44-1(f)(2) in 2015 and chose not to do ...

docket:	a4540-17
court:	NJ Superior Court Appellate Division
decided:	2019-06-12
status:	Published
citation:	459 N.J.Super. 426 211 A.3d 1241
Document Size:	18346

801 STATE OF NEW JERSEY v. ROBERT PARRISH -- rank: 607

... reasons for imposing such sentence including . . . imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3"). A defendant has a due process ...

docket:	a4781-08
court:	NJ Superior Court Appellate Division
decided:	2011-06-24
status:	unpublished
citation:
Document Size:	59695

802 State v. Rene M. Rodriguez -- rank: 607

... to deter the defendant and others from violating the law. N.J.S.A. 2C:44- 1(a). Those factors are to be balanced against the mitigating ...

docket:	a-80-17
court:	NJ Supreme Court
decided:	2019-05-21
status:
citation:	238 N.J. 105 207 A.3d 1269
Document Size:	43710

803 /usr/local/share/www/libweb/collections/courts/appellate/a4013-17.opn.html -- rank: 607

... court found aggravating factors three, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3); six, the nature and extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9); and thirteen, the defendant used or possessed a stolen motor vehicle during the commission of the crimes, N.J.S.A. 2C:44-1(a)(13). The court further determined there were no mitigating ... need to deter defendant and others from violating the law, N.J.S.A. 2C:44- - 1(a)(9). The court found aggravating factor nine based on ... is a need to deter defendant from violating the law, N.J.S.A. 2C:44-1(a)(9), not from deterring an individual from adhering ...

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804 STATE OF NEW JERSEY v. MIGUEL A. GALVAN -- rank: 607

... imprisonment would be perceived as the cost of doing business), N.J.S.A. 2C:44-1(a)(3), (6), 4 The plea form also incorrectly cited ... factors substantially outweigh the mitigating factors, as set forth in [ N.J.S.A. 2C:44-1(a) and (b)] . . . the court may fix a minimum term ... Court declared unconstitutional the presumptive terms previously set forth in N.J.S.A. 2C:44- - 1(f). A-0282-21 15 the Graves Act, N.J ...

docket:	a0282-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-05
status:	Unpublished
citation:
Document Size:	35266

805 STATE OF NEW JERSEY v. ARSENIO L. DIAZ -- rank: 605

... refusing to sentence him as a second-degree offender. See N.J.S.A. 2C:44-1(f)(2)(permitting the judge to "sentence the defendant to ... aggravating factors three (risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3)); and nine (need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9)). Defendant argues there was no evidence to support ... N.J. 589 (1998). The judge found mitigating factor seven. N.J.S.A. 2C:44-1(b)(7) (no prior criminal history). Defendant argues that the ... of two additional factors: three (defendant acted under strong provocation, N.J.S.A. 2C:44-1(b)(3)); and eight (defendant's conduct resulted from circumstances unlikely to recur ( N.J.S.A. 2C:44-1(b)(8)). The judge considered both. She found that ...

docket:	a6013-08
court:	NJ Superior Court Appellate Division
decided:	2012-01-09
status:	unpublished
citation:
Document Size:	41223

806 STATE OF NEW JERSEY v. MALIK L. CANTY -- rank: 605

... Before issuing its sentence, the court applied aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another ... lack of stable employment.' The court applied aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... on defendant's six prior convictions. Applying aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... further criminal conduct. Finally, the court found aggravating factor eleven, N.J.S.A. 2C:44-1(a)(11) ('[Not] imposing a term of imprisonment would be ...

docket:	a5819-17
court:	NJ Superior Court Appellate Division
decided:	2020-12-02
status:	Unpublished
citation:
Document Size:	31085

807 STATE OF NEW JERSEY VS. QURAN D. POWELL -- rank: 605

... lower end of a first[-]degree . . . but to consider under [N.J.S.A.] 2C:44-1(f)(2) . . . that the mitigating circumstances substantially outweigh the aggravating ... his reaction. Counsel requested the court find mitigating factors three, N.J.S.A. 2C:44- 1(b)(3), 'defendant acted under a strong provocation'; five, N.J.S.A. 2C:44- - 1(b)(5), '[t]he victim of defendant's conduct induced or facilitated its commission'; seven, N.J.S.A. 2C:44-1(b)(7), 'defendant . . . led a law-abiding life for a ... time before the commission of the present offense'; and eight, N.J.S.A. 2C:44-1(b)(8), 'defendant's conduct was the result of circumstances ... s prior criminal history. The judge applied mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), '[t]he imprisonment of the defendant would ...

docket:	a3382-22
court:	appellate
decided:	2024-05-06
status:	Unpublished
citation:
Document Size:	19282

808 STATE OF NEW JERSEY v. HAKEEM O. WILLIAMS, -- rank: 605

... factors three, six, nine, and A-4276-17T2 30 thirteen. N.J.S.A. 2C:44-1(a)(3), (6), (9), (13). The court also found mitigating factor two regarding the kidnaping conviction. N.J.S.A. 2C:44-1(b)(2). The court then balanced those aggravating and mitigating ...

docket:	a4276-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-05
status:	Unpublished
citation:
Document Size:	55883

809 STATE OF NEW JERSEY v. ROBERT L. FREEMAN, JR -- rank: 605

... only aggravating factor was the need to deter the defendant, N.J.S.A. 2C:44-1(a)(9), notwithstanding defendant's 2000 conviction in Ohio for ... 12) defendant's willingness to cooperate with law enforcement. See N.J.S.A. 2C:44-1(b). The court stated that defendant "drove [his] truck into ... second-degree crime carries with it a presumption of incarceration. N.J.S.A. 2C:44-1(d). That presumption may only be overridden by "having regard ...

docket:	a0859-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	33494

810 STATE OF NEW JERSEY v. MONTCELL M. COSTON -- rank: 605

... his sentence. Here, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a5981-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-31
status:	unpublished
citation:
Document Size:	37594