Search Rutgers Law Library N.J. Court Opinions

946 STATE OF NEW JERSEY v. D.M -- rank: 590

... ineligibility. The court found aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), (9). Mitigating factor eleven was identified in defendant's favor. N.J.S.A. 2C:44-1(b)(11). In the balance, the trial court concluded that ...

docket:	a3407-08
court:	NJ Superior Court Appellate Division
decided:	2011-05-24
status:	unpublished
citation:
Document Size:	83772

947 STATE OF NEW JERSEY v. ROBERT J. PRITCHETT -- rank: 590

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it "may impose a term within ... aggravating factors: (1) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3), (2) the extent of defendant's prior criminal record and the severity of those offenses (factor six), N.J.S.A. 2C:44-1(a)(6), and (3) the need for deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factor nine, N.J.S.A. 2C:44-1(b)(9), based on defendant's history of helping family ...

docket:	a2758-13
court:	NJ Superior Court Appellate Division
decided:	2015-01-01
status:	unpublished
citation:
Document Size:	35147

948 STATE OF NEW JERSEY v. KHAWAR SALEEM -- rank: 590

... when he found aggravating A-2138-21 15 factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant would commit another offense, based ... the evidence, the judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter), and mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no criminal history), eight, N.J.S.A. 2C:44-1(b)(8) (circumstances unlikely to recur), and ten, N.J.S.A. 2C:44-1(b)(10) (respond favorably to probationary treatment). At sentencing, the ...

docket:	a2138-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-19
status:	Unpublished
citation:
Document Size:	29637

949 STATE OF NEW JERSEY v. CHAD J. CONSHAFTER -- rank: 590

... based on his 'willingness . . . to cooperate with law enforcement authorities.' N.J.S.A. 2C:44-1(b)(12). The judge adjourned the sentencing so that copies ...

docket:	a4604-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-02
status:	Unpublished
citation:
Document Size:	33214

950 STATE OF NEW JERSEY v. DENARD C. TRAPP -- rank: 590

... aggravating factor three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), was applicable because defendant's criminal history reflected ... factor six, the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6), was applicable due to the increasing seriousness of ... aggravating factor nine, the need for deterring defendant and others, N.J.S.A. 2C:44-1(a)(9), because '[w]e all have a duty to ...

docket:	a4178-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-15
status:	Unpublished
citation:
Document Size:	32348

951 STATE OF NEW JERSEY v. JEFFREY PREVILON -- rank: 590

... one prior prison term. The judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense); aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... of which defendant has been convicted); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring defendant and others from ...

docket:	a0962-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-19
status:	Unpublished
citation:
Document Size:	29225

952 STATE OF NEW JERSEY v. DARRIUS B. VINSON -- rank: 588

... factors three (the risk that defendant will commit another offense), N.J.S.A. 2C:44-1(a)(3); six (the extent of defendant's prior criminal ... seriousness of the offenses of which he has been convicted), N.J.S.A. 2C:44-1(a)(6); and nine (the need for deterring defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9). The court found no applicable mitigating factors, even ... one (defendant's conduct neither caused nor threatened serious harm), N.J.S.A. 2C:44-1(b)(1); two (defendant did not contemplate that his conduct would cause or threaten serious harm), N.J.S.A. 2C:44-1(b)(2); four (substantial grounds exist to excuse or justify defendant's conduct), N.J.S.A. 2C:44-1(b)(4); and six (defendant will compensate the victim), ...

docket:	a3459-10
court:	NJ Superior Court Appellate Division
decided:	2012-04-03
status:	unpublished
citation:
Document Size:	24730

953 STATE OF NEW JERSEY v. ANTOINE DENNIS -- rank: 588

... in finding the record justified the aggravating factor found in N.J.S.A. 2C:44-1(a)(1), the nature and circumstances of the offense. He ... would impose excessive hardship upon her or her family. See N.J.S.A. 2C:44-1(b)(11). No mitigating factors were found when defendant was ... in this case had ample support in the record. See N.J.S.A. 2C:44-1(b)(1), (3), (6), (9). The sentence complied with the ...

docket:	a2956-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-29
status:	unpublished
citation:
Document Size:	66218

954 STATE OF NEW JERSEY v. MAURICE GOODEN -- rank: 588

... for deterring the defendant and others from violating the law"), N.J.S.A. 2C:44-1(a)(3), (6), and (9), outweighed mitigating factor six ("[t ... his conduct for the damage or injury that he sustained"), N.J.S.A. 2C:44-1(b)(6). The court gave aggravating factor three "great weight ... constituted a "ground[] tending to excuse or justify [his] conduct," N.J.S.A. 2C:44-1(b)(4), or would render the hardship of imprisonment excessive. N.J.S.A. 2C:44-1(b)(11). In sum, we are satisfied that the court ...

docket:	a5528-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-26
status:	unpublished
citation:
Document Size:	33176

955 T4STATE OF NEW JERSEY v. HASHIEM MITCHELL -- rank: 588

... three, six, and nine in favor of a greater sentence, N.J.S.A. 2C:44-1(a), and found that mitigating factor two called for a reduced sentence on count two alone, N.J.S.A. 2C:44-1(b). The trial court imposed consecutive sentences of six years ...

docket:	a2474-13
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	50257

956 STATE OF NEW JERSEY v. JOVAN PHILLIPS -- rank: 588

... indictment. At sentencing, the trial court found aggravating factors seven, N.J.S.A. 2C:44-1(a)(7) ('[t]he defendant committed the offense pursuant to ... was beyond that inherent in the offense itself . . . .'); and nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... lists only aggravating factor nine and lists mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) ('[t]he imprisonment of the defendant would entail ...

docket:	a2615-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-06
status:	Unpublished
citation:
Document Size:	47535

957 STATE OF NEW JERSEY v. ROBERT J. GARDNER -- rank: 588

... and (2) erroneously declined to apply several mitigating factors under N.J.S.A. 2C:44-1. Our decision to vacate defendant's conviction for reckless manslaughter ... de novo assessment of the aggravating and mitigating factors under N.J.S.A. 2C:44-1 as they apply to A-2550-19 36 defendant at ...

docket:	a2550-19
court:	NJ Superior Court Appellate Division
decided:	2023-01-27
status:	Unpublished
citation:
Document Size:	69762

958 STATE OF NEW JERSEY VS. J.H.P. -- rank: 588

... of defendant's apparent lack of criminal history,3 see N.J.S.A. 2C:44-1(b)(7), and mental health issues, see N.J.S.A. 2C:44-1(b)(4), defendant's sentencing exposure likely would be limited ...

docket:	a0467-23
court:	appellate
decided:	2024-04-04
status:	Published
citation:
Document Size:	48910

959 STATE OF NEW JERSEY v. J.C.M. -- rank: 588

... second-degree range, based on mitigating factors seven through twelve, N.J.S.A. 2C:44-1(b)(7)-(12). 2 Conversely, the State emphasized aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense), and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). The sentencing judge gave ... S MOTION TO BE SENTENCED ONE DEGREE LOWER PURSUANT TO N.J.S.A. 2C:44-1(f)(2). POINT II THE COURT FAILED TO FIND CERTAIN ... THE FIRST-PRONG OF THE TWO-PRONGED TEST PURSUANT TO N.J.S.A. 2C:44-1(f)(2) WAS NOT SATISFIED. POINT III THE COURT ERRED ... to consider the codified aggravating and mitigating factors identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the ...

docket:	a3971-13
court:	NJ Superior Court Appellate Division
decided:	2015-05-18
status:	unpublished
citation:
Document Size:	22034

960 STATE OF NEW JERSEY v. CARLTON T. JAMES -- rank: 588

... and applied aggravating factors one, two, three, six and nine. N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), and (9). In weighing the ... aggravating factor – the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1) – requires an offense that is malicious or ... incapable of exercising normal physical or mental power of resistance.' N.J.S.A. 2C:44-1(a)(2). When considering factor two, a sentencing judge should ... the victim induced or facilitated the commission of the crime. N.J.S.A. 2C:44-1(b)(5). Defendant argues that its application is inconsistent with ...

docket:	a3475-16
court:	NJ Superior Court Appellate Division
decided:	2019-06-04
status:	Unpublished
citation:
Document Size:	36782