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181 STATE OF NEW JERSEY v. STEVEN SOLARI, a/k/a STEVE -- rank: 613

... identified [and] supported by competent, credible evidence in the record"). N.J.S.A. 2C:43-6.5(a) provides that the court must impose a mandatory ... which overrides the need to deter such conduct in others." N.J.S.A. 2C:43-6.5(c)(2). When the court waives or reduces the ... it must state with specificity its reasons for doing so. N.J.S.A. 2C:43-6.5(c)(2). In considering whether to waive or reduce ... imposition of a mandatory minimum period of parole ineligibility under N.J.S.A. 2C:43-6.5(a). Defendant received the minimum five-year sentence applicable ...

docket:	a2897-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-02-02
status:	Published
citation:
Document Size:	77185

182 STATE OF NEW JERSEY v. S.C -- rank: 613

... is subject to parole supervision for life, formerly community supervision. N.J.S.A. 2C:43-6.4. Where the victim was a minor, the "sweeping restrictions ... Life Act, L. 1994, c. 130, § 2 (codified at N.J.S.A. 2C:43-6.4). All of the bills comprising the package are referred ... supervision for life" was changed to "parole supervision for life." N.J.S.A. 2C:43-6.4. N.J.A.C. 10A:71-6.12 applies ...

docket:	a0888-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-09
status:	unpublished
citation:
Document Size:	33830

183 STATE OF NEW JERSEY v. NACIA H. WEBB -- rank: 611

... in imposing an extended term for count five pursuant to N.J.S.A. 2C:43-6(f). The court imposed the appropriate fines and penalties, granted ...

docket:	a3649-11
court:	NJ Superior Court Appellate Division
decided:	2015-03-24
status:	unpublished
citation:
Document Size:	62730

184 STATE OF NEW JERSEY v. ERIK JONES -- rank: 611

... both N.J.S.A. 2C:44-3(a) and N.J.S.A. 2C:43-6(c). Specifically, in finding that defendant was a persistent offender ... to N.J.S.A. 2C:44-3(d) and N.J.S.A. 2C:43-6(c). Defendant, through counsel, argues the judge committed error by ... is being sentenced for commission of an offense enumerated in N.J.S.A. 2C:43-6(c), the court "shall sentence the defendant to an extended term as required by [ N.J.S.A. ] 2C:43-6(c) . . . ." N.J.S.A. 2C:43-6(c) states, in pertinent part, that if a person has ... A. 2C:44-3(a) and (d), and by extension, N.J.S.A. 2C:43-6(c) and -7. The judge also noted that defendant ...

docket:	a3367-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	44062

185 STATE OF NEW JERSEY v. KESHAWN MALONE -- rank: 611

... of parole ineligibility, subject to NERA and the Graves Act, N.J.S.A. 2C:43-6(c), on count eighteen for second-degree unlawful possession of ...

docket:	a1339-18
court:	NJ Superior Court Appellate Division
decided:	2021-07-16
status:	Unpublished
citation:
Document Size:	45110

186 STATE OF NEW JERSEY v. JAVAN FOWLER -- rank: 611

... an extended term as a repeat drug offender pursuant to N.J.S.A. 2C:43-6(f) on the school zone violation, count three of the ... term which shall, except as may be specifically provided by [N.J.S.A. 2C:43-6(f)] , be fixed at or between one-third and one ... school zone violation specifically falls within the statutory framework of N.J.S.A. 2C:43-6(f). As a result, on the school zone violation, no ... imposed by the court or three years , whichever is greater[.]" N.J.S.A. 2C:43-6(f) (emphasis added). We need not determine whether the judge ...

docket:	a2126-10
court:	NJ Superior Court Appellate Division
decided:	2013-02-08
status:	unpublished
citation:
Document Size:	53355

187 /usr/local/share/www/libweb/collections/courts/appellate/a5386-17.opn.html -- rank: 608

... sentencing, the State moved for an extended term pursuant to N.J.S.A. 2C:43- 6(f). The judge noted this was defendant's 'tenth indictable ... the State moved for an extended term sentence pursuant to N.J.S.A. 2C:43-6(f). Because the extended term was mandatory under the statute ... N.J. 334, 363-64 (1984). 50 A-5386-17 N.J.S.A. 2C:43-6(f) provides: A person convicted of . . . distributing, dispensing or possessing ...

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Document Size:	104398

188 /usr/local/share/www/libweb/collections/courts/appellate/a5631-14.opn.html -- rank: 606

... special sentence of community supervision for life (CSL), contrary to N.J.S.A. 2C:43-6.4(d). The trial court sentenced defendant to 119 days ... Law, and imposed a special sentence of CSL pursuant to N.J.S.A. 2C:43-6.4 (prior to amendment). At that time, a violation of ... c. 130. However, effective July 1, 2014, the Legislature amended N.J.S.A. 2C:43-6.4(a) and (d) (the 2014 amendments), to upgrade a ... degree violation of the conditions of his CSL, contrary to N.J.S.A. 2C:43-6.4(d), for allegedly failing to participate in and/or ... court also imposed a mandatory special sentence of PSL under N.J.S.A. 2C:43-6.4(a). The judge entered a JOC dated July 13 ... PAROLE TO SENTENCE INDIVIDUALS TO ADDITIONAL TERMS OF IMPRISONMENT UNDER N.J.S.A. 2C:43-6.4 IS AN UNCONSTITUTIONAL DELEGATION OF AUTHORITY VIOLATING THE ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15765

189 STATE OF NEW JERSEY v. SCOTT CAIN -- rank: 606

... an extended term of imprisonment. Defendant was sentenced pursuant to N.J.S.A. 2C:43-6(f) to an extended term of sixteen years with an ... were timely, defendant was eligible for an extended term under N.J.S.A. 2C:43-6(f) because of his 1998 conviction for distribution of cocaine ... 2C:36-3, should not have been a basis under N.J.S.A. 2C:43-6(f) for an extended term. As the PCR court concluded ... Ct. 2052 , 80 L. Ed.2d 674 (1984). 5 Under N.J.S.A. 2C:43-6(f), [a] person convicted . . . under [ N.J.S.A. ] 2C ... notwithstanding that extended terms are ordinarily discretionary with the court. [ N.J.S.A. 2C:43-6(f).] 6 Indeed, because the 2005 guilty plea simply does not expose defendant to extended term sentencing pursuant to N.J.S.A. 2C:43-6(f), we could consider this matter to be moot. " ...

docket:	a5393-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	28808

190 STATE OF NEW JERSEY v. ONDRE H. WEEKES, -- rank: 606

... judicial conscience.' Roth, 95 N.J. at 364-65; see N.J.S.A. 2C:43-6(a)(1) ('[A] person who has been convicted of a ...

docket:	a2524-18
court:	NJ Superior Court Appellate Division
decided:	2021-10-05
status:	Unpublished
citation:
Document Size:	79763

191 STATE OF NEW JERSEY v. JOVAN PHILLIPS -- rank: 606

... requires an extended term for persistent drug offenders pursuant to N.J.S.A. 2C:43-6(f). At sentencing, the court stated that, based on defendant ... was subject to an extended term as a persistent offender. N.J.S.A. 2C:43-6(f) does not appear in the judgment of conviction. The ... and a mandatory extended term as a drug offender under N.J.S.A. 2C:43-6(f). These statutes, however, do not appear in the court ...

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

192 STATE OF NEW JERSEY v. TRAVIS J. MIDDLEBROOKS -- rank: 604

... contending that 'because the sentence was greater than required by N.J.S.A. 2C:43-6(f), the [court] was not bound to impose it.' 4 ... his prior criminal history, for a mandatory extended term under N.J.S.A. 2C:43-6(f). He also concedes that he was fully aware that ... notwithstanding that extended terms are ordinarily discretionary with the court.' N.J.S.A. 2C:43- - 6(f). In addition, '[t]he term of imprisonment shall, except ... mandatory extended term as a conviction for distribution of CDS. N.J.S.A. 2C:43-6(f). A-0651-19 26 To the extent we have ...

docket:	a0651-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	50196

193 STATE OF NEW JERSEY v. COBY T. RICHARDSON -- rank: 604

... possession of an assault firearm, subject to the Graves Act, N.J.S.A. 2C:43-6, six years with three-and-one-half years parole ineligibility ... the sentence in count two, subject to the Graves Act, N.J.S.A. 2C:43 6; count four - fourth-degree possession of a defaced firearm, eighteen ...

docket:	a4021-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-25
status:	unpublished
citation:
Document Size:	101230

194 STATE OF NEW JERSEY v. JAMES M. DAVIS -- rank: 601

... to distribute, upon application by the prosecuting attorney pursuant to N.J.S.A. 2C:43-6(f), because he was previously convicted of a CDS distribution ... pursuant to N.J.S.A. 2C:35-12 and N.J.S.A. 2C:43-6(f), based on defendant's plea to second- degree possession ... and subjected to a mandatory period of parole ineligibility under N.J.S.A.2C:43-6(c). The judge correctly precluded the A-3480-20 25 ...

docket:	a3480-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-02
status:	Unpublished
citation:
Document Size:	47740

195 STATE OF NEW JERSEY, v. HANEEF MOLLEY, -- rank: 599

... dangerous substance conviction, making him mandatory extended term eligible. See N.J.S.A. 2C:43-6(f). As such, upon conviction, defendant was facing up to ...

docket:	17-10-37
court:	NJ Superior Court Appellate Division
decided:	2021-11-24
status:
citation:
Document Size:	54408