Search Rutgers Law Library N.J. Court Opinions

316 STATE OF NEW JERSEY v. MICHAEL T. POWELL -- rank: 548

... was also eligible for a mandatory extended term pursuant to N.J.S.A. 2C:43-6(f), based on the nature of his prior drug offenses. The primary difference between the two statutes is that N.J.S.A. 2C:43-6(f) requires the imposition of a period of parole ineligibility ... twenty years. See Pierce , supra , 188 N.J. at 169; N.J.S.A. 2C:43-6(a)(2); N.J.S.A. 2C:43-7(a ... judge to sentence Powell to an extended term pursuant to N.J.S.A. 2C:43-6(f), the judge was required to impose a period of ...

docket:	a1790-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	53120

317 STATE OF NEW JERSEY v. WALLACE GASKINS -- rank: 545

... S.A. 2C:43-7.2, and the Graves Act, N.J.S.A. 2C:43-6(c). He imposed five years of supervision upon release. On ... degree crime. N.J.S.A. 2C:11-4(c); N.J.S.A. 2C:43-6(a)(1). That sentence was also subject to NERA. The ...

docket:	a4936-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-25
status:	unpublished
citation:
Document Size:	51878

318 STATE OF NEW JERSEY v. QUADIR T. NELSON -- rank: 545

... parole ineligibility was clearly justified pursuant to the Graves Act , N.J.S.A. 2C:43-6(f). The judge correctly applied legal principles and exercised his ...

docket:	a0367-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-29
status:	unpublished
citation:
Document Size:	62082

319 STATE OF NEW JERSEY v. A.T.C. -- rank: 545

... incarceration for that offense is between five and ten years. N.J.S.A. 2C:43-6(a)(2). The maximum period of parole ineligibility is one-half of the prison term. N.J.S.A. 2C:43- 6(b). The State concedes the prison term imposed on count ...

docket:	a4302-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-19
status:	published
citation:	454 N.J.Super. 235 185 A.3d 233
Document Size:	106302

320 /usr/local/share/www/libweb/collections/courts/supreme/a4012-14.opn.html -- rank: 545

... the State's motion for a mandatory extended term under N.J.S.A. 2C:43-6(f). The court merged defendant's convictions for possession (count ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	80433

321 STATE OF NEW JERSEY v. MITCHELL R. JORDAN -- rank: 545

... parole on count four, and community supervision for life under N.J.S.A. 2C:43-6.4a. In addition, defendant was ordered to comply with the ...

docket:	a5463-02
court:	NJ Superior Court Appellate Division
decided:	2005-06-14
status:	published
citation:
Document Size:	24267

322 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 545

... sentencing him to a mandatory minimum prison term pursuant to N.J.S.A. 2C:43-6(c), which states in relevant part: c. A person who ... be ineligible for parole. Grate contends that the reference in N.J.S.A. 2C:43-6(c) to "crime" is vague and only makes sense if ... the judge did not impose a mandatory minimum term under N.J.S.A. 2C:43-6(c). The mandatory minimum term was imposed pursuant to N ...

docket:	a5996-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

323 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 545

... sentencing him to a mandatory minimum prison term pursuant to N.J.S.A. 2C:43-6(c), which states in relevant part: c. A person who ... be ineligible for parole. Grate contends that the reference in N.J.S.A. 2C:43-6(c) to "crime" is vague and only makes sense if ... the judge did not impose a mandatory minimum term under N.J.S.A. 2C:43-6(c). The mandatory minimum term was imposed pursuant to N ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186

324 /usr/local/share/www/libweb/collections/courts/appellate/a2594-14.opn.html -- rank: 545

... sexual assault subject to parole supervision for life pursuant to N.J.S.A. 2C:43-6.4; a concurrent seven-year term for second-degree unlawful ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	62533

325 STATE OF NEW JERSEY v. LUIS HERNANDEZ -- rank: 545

... of the first-degree range, of ten to twenty years, N.J.S.A. 2C:43-6(a)(1), and extended up to life imprisonment. The trial ...

docket:	a5489-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-05
status:	unpublished
citation:
Document Size:	49158

326 STATE OF NEW JERSEY v. JIMMY VARGAS -- rank: 543

... eighteen years with a nine-year parole disqualifier pursuant to N.J.S.A. 2C:43-6(c). The final aggregate sentence matched the second sentence, but ... three-year mandatory minimum sentence pursuant to several statutes, including N.J.S.A. 2C:43-6. In its description of the overall circumstances relating to the ... will apply to this defendant, pursuant to the provisions of [ N.J.S.A. ] 2C:43-6(c). Therefore, this [c]ourt is mandated to apply an ... treating defendant as a Graves Act second offender pursuant to N.J.S.A. 2C:43-6(c), which provides: A person who has been convicted of ... shall be sentenced by the court to an extended term. [ N.J.S.A. 2C:43-6(c).] Notwithstanding this history, defendant argues that there was nothing ...

docket:	a2473-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-14
status:	unpublished
citation:
Document Size:	30527

327 State v. S.R. -- rank: 543

... may impose a variety of remedies on the defaulting defendant. N.J.S.A. 2C:43-6.4, adopted as part of Megan’s Law, suggests that ... 1c(2).” Cannel, New Jersey Criminal Code Annotated , comment on N.J.S.A. 2C:43-6.4 (2002). Subsection b of N.J.S.A. 2C:43-6.4 provides that “[p]ersons serving a special sentence of ...

docket:	a-96-01
court:	njsupreme
decided:	2002-12-12
status:
citation:	175 N.J. 23
Document Size:	29987

328 STATE OF NEW JERSEY v. THOMAS G. LAHART -- rank: 543

... 2015 order denying his application for a Graves Act waiver, N.J.S.A. 2C:43-6.2,1 and from the same judge's order of ... PLEA THAT ENTITLED THOMAS LAHART AT SENTENCING TO A 1 N.J.S.A. 2C:43-6.2 provides: On a motion by the prosecutor made to ... that he be sentenced as a 2 The Graves Act, N.J.S.A. 2C:43-6(c), requires a mandatory minimum term of imprisonment be imposed ... of the sentence imposed, or three years, whichever was longer. N.J.S.A. 2C:43-6(c) (2007). 3 A-4993-15T1 third[-]degree offender to ... Graves-waiver issue is raised. We see no provision in N.J.S.A. 2C:43-6.2, as interpreted by the Nance Court, that allows 'partial ...

docket:	a4993-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	32947

329 STATE OF NEW JERSEY v. RALPH BAKER -- rank: 543

... to life imprisonment.' Id. at 179 (Albin, J., dissenting); see N.J.S.A. 2C:43-6(a)(1), -7(a)(2). However, the assistant prosecutor advised ... 65).] Our Code of Criminal Justice 'provides for ordinary sentences, N.J.S.A. 2C:43-6[(a)], as well as extended-term sentences that carry greater ...

docket:	a2327-19
court:	NJ Superior Court Appellate Division
decided:	2023-03-17
status:	Unpublished
citation:
Document Size:	38690

330 STATE OF NEW JERSEY v. EDWIN NIEVES -- rank: 543

... with a minimum of forty-two months of parole ineligibility. N.J.S.A. 2C:43-6(c). However, in certain circumstances, the statute allows for a ... two month parole ineligibility term, on motion by the prosecutor. N.J.S.A. 2C:43-6.2 provides, in pertinent part: On a motion by the ... imprisonment during which the defendant will be ineligible for parole. [N.J.S.A. 2C:43-6.2.] Pursuant to a plea agreement, defendant pled guilty to ... mandatory period of parole ineligibility under the Graves Act. See N.J.S.A. 2C:43-6.2. 2 A-1652-17T3 to file a Graves Act waiver motion, pursuant to N.J.S.A. 2C:43- 6.2, and agreed to a sentence of five years in ...

docket:	a1652-17
court:	NJ Superior Court Appellate Division
decided:	2018-04-26
status:	unpublished
citation:
Document Size:	17537