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916 STATE OF NEW JERSEY v. DASHAWN ROUSE -- rank: 592

... s sound judgment after weighing the aggravating and mitigating factors. N.J.S.A. 2C:44-1(a), (b). The judge's choice within that range is ... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3); "[t]he extent of the defendant's prior ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a)(6); and "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). This archive is a service of Rutgers School ...

docket:	a4513-10
court:	NJ Superior Court Appellate Division
decided:	2013-10-09
status:	unpublished
citation:
Document Size:	35584

917 STATE OF NEW JERSEY v. MARK F. HAILSTORK -- rank: 592

... imposed by the trial judge. The judge found aggravating factors N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense, the ... the offense 'in an especially heinous, cruel, or depraved manner'), N.J.S.A. 2C:44-1(a)(3) ('the risk that the defendant will commit another offense'), and N.J.S.A. 2C:44-1(a)(9) ('the need for deterring the defendant and A ... others from violating the law'). He also found mitigating factor N.J.S.A. 2C:44-1(b)(7) (defendant did not have any criminal history and ... 57, 76 (2014). These same facts also support aggravating factors N.J.S.A. 2C:44-1(a)(3) and (9). The judge also properly declined to ...

docket:	a0991-19
court:	NJ Superior Court Appellate Division
decided:	2021-09-14
status:	Unpublished
citation:
Document Size:	48138

918 STATE OF NEW JERSEY v. RAYMONTE S. LOVE -- rank: 592

... seriousness of the offenses, and (9) the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (6), (9). He also found mitigating factor (11) excessive hardship to defendant or his dependents. N.J.S.A. 2C:44-1(b)(11). He determined that the aggravating factors clearly outweighed ...

docket:	a4209-08
court:	NJ Superior Court Appellate Division
decided:	2010-08-12
status:	unpublished
citation:
Document Size:	36539

919 /usr/local/share/www/libweb/collections/courts/appellate/a5096-18.opn.html -- rank: 592

... 6, 2018. At sentencing, the judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that . . . defendant will commit another offense), applied ... of the court. The judge also determined aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter 'defendant and others from violating ... seriousness of the offense.' The court found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal activity), and eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances ... The judge rejected defendant's argument that mitigating factors nine, N.J.S.A. 2C:44-1(b)(9) ('character and attitude of . . . defendant indicate that he is unlikely to commit another offense'), and ten, N.J.S.A. 2C:44-1(b)(10) ('defendant is particularly likely to respond . . . to ...

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920 STATE OF NEW JERSEY v. KEVIN MILLER -- rank: 592

... balanced the aggravating and mitigating sentencing factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it 'may impose a term within ... the trial judge balanced the mitigating and aggravating factors under N.J.S.A. 2C:44-1(a) and -1(b). He found that aggravating factors -1 ... L. 2020, c. 110 (eff. Oct. 19, 2020), which amended N.J.S.A. 2C:44-1(b) by adding the defendant's youth (i.e., less ...

docket:	a2356-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-19
status:	Unpublished
citation:
Document Size:	49023

921 STATE OF NEW JERSEY v. RASHID S. POWELL -- rank: 592

... range depends on a balancing of the relevant factors' under N.J.S.A. 2C:44-1(a) and (b). State v. Case, 220 N.J. 49 ... one, three, six, and nine, and no factors in mitigation. N.J.S.A. 2C:44-1(a)(1), (3), (6), (9). Defendant's argument that the ...

docket:	a1343-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-13
status:	Unpublished
citation:
Document Size:	60426

922 STATE OF NEW JERSEY v. AL J. DELBRIDGE, JR -- rank: 592

... of time) and eleven (imprisonment would entail excessive hardship). See N.J.S.A. 2C:44-1. The court denied defendant's request to apply mitigating factors ...

docket:	a1508-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-21
status:	Unpublished
citation:
Document Size:	36321

923 STATE OF NEW JERSEY v. SHATARA S. CARTER -- rank: 592

... court stated in Tormasi that the mitigating factor added to N.J.S.A. 2C:44-1(b)(14) in A-3248-20 7 2020 did not ... order here, the Supreme Court held that mitigating factor fourteen, N.J.S.A. 2C:44- - 1(b)(14), applies prospectively only to defendants sentenced on or ... Age At the Time of the Commission of the Offense,' N.J.S.A. 2C:44-1(b)(14). POINT II THIS COURT SHOULD REVERSE THE DECISION ...

docket:	a3248-20
court:	NJ Superior Court Appellate Division
decided:	2023-07-26
status:	Unpublished
citation:
Document Size:	28351

924 STATE OF NEW JERSEY v. KEITH L. WILLIAMS -- rank: 592

... factor three, the risk that defendant would "commit another offense," N.J.S.A. 2C:44-1(a)(3); factor five, a substantial likelihood that defendant was "involved in organized criminal activity," N.J.S.A. 2C:44-1(a)(5); factor six, defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and factor nine, the need to deter such criminal activity, N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors, N.J.S.A. 2C:44-1(b). The judge articulated the factual basis for the aggravating ...

docket:	a6176-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	45450

925 /usr/local/share/www/libweb/collections/courts/appellate/a3652-18.opn.html -- rank: 592

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ...

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926 STATE OF NEW JERSEY v. MARIO FIGUEROA -- rank: 592

... need for deterring defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found no mitigating factors ...

docket:	a3784-17
court:	NJ Superior Court Appellate Division
decided:	2020-07-08
status:	Unpublished
citation:
Document Size:	49958

927 STATE OF NEW JERSEY v. MICHAEL SARMADI -- rank: 592

... four aggravating factors: the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); the risk that Sarmadi would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of his prior criminal record and the seriousness of the offenses he committed, N.J.S.A. 2C:44-1(a)(6); and the need to deter him and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also found two mitigating factors: Sarmadi's conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1); and his imprisonment would entail excessive hardship, N.J.S.A. 2C:44-1(b)(11). With regard to aggravating factor one, the ...

docket:	a2026-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-13
status:	unpublished
citation:
Document Size:	26761

928 STATE OF NEW JERSEY VS. JOHN JOHNS -- rank: 592

... The court has [also] considered all [thirteen] mitigating factors under [N.J.S.A.] 2C:44-1(b) . . . [and finds] no mitigating factors apply. . . . Therefore, the aggravating ... the criteria for withholding or imposing imprisonment or fines under N.J.S.A. 2C:44-1 to 2C:44-3 [and] the factual basis supporting a ... on a person who has been convicted of an offense.' N.J.S.A. 2C:44-1(a) and (b). In 2019, the New Jersey Criminal Sentencing ... amendment's effective date. Ibid. In 2020, the Legislature amended N.J.S.A. 2C:44-1, adding mitigating factor fourteen: '[t]he defendant was under [twenty ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). The Legislature stated '[t]his act shall take ... J. 85, 97 (2022). Specifically, the Court stated: We view N.J.S.A. 2C:44-1(b)(14) to apply not only to defendants sentenced ...

docket:	a1693-21
court:	appellate
decided:	2024-05-13
status:	Unpublished
citation:
Document Size:	23094

929 STATE OF NEW JERSEY v. LOUIS M. EVANGELISTA -- rank: 592

... sentence. The court found aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6) and (9). As to aggravating factor 3 ... dealt with in a significant matter.' Considering the mitigating factors, N.J.S.A. 2C:44-1(b), the court found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (the excessive hardship imposed by incarceration on defendant ... 1207-19 18 record is central to aggravating factor six, N.J.S.A. 2C:44-1(a)(6), and may be relevant to other aggravating and ...

docket:	a1207-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-19
status:	Unpublished
citation:
Document Size:	35348

930 STATE OF NEW JERSEY v. ERICK WHORLINE -- rank: 592

... court found that aggravating factors three, six and nine applied. N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), (6) (prior criminal ... counsel should have argued mitigating factors three, four and five, N.J.S.A. 2C:44-1(b)(3) ("defendant acted under a strong provocation"); (4) ("substantial ... in declining to apply mitigating factors three, four and five. N.J.S.A. 2C:44-1(b)(3), (4) and (5). Both defense counsel and defendant ...

docket:	a5821-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-01
status:	unpublished
citation:
Document Size:	47860