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1036 STATE OF NEW JERSEY v. JOHN A. DAVEY -- rank: 579

... 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 ... engage in an analysis similar to the one required by N.J.S.A. 2C:44-1(d), which allows the court to waive a mandatory term ... s 'character and condition' satisfy the 'serious injustice' standard under N.J.S.A. 2C:44-1(d), the Court advised that 'a trial court should determine ... numerous aggravating and mitigating factors. The judge found aggravating factors N.J.S.A. 2C:44-1(a)(9), the need to deter, and (10), the offense ... government. She also found A-0441-18T1 9 mitigating factors N.J.S.A. 2C:44-1(b)(6), defendant will compensate the victim or perform community ...

docket:	a0441-18
court:	NJ Superior Court Appellate Division
decided:	2019-11-19
status:	Unpublished
citation:
Document Size:	26541

1037 /usr/local/share/www/libweb/collections/courts/appellate/a1064-19.opn.html -- rank: 579

... defendant challenges the court's assessment that aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (gravity and severity of harm), three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense), and nine, N.J.S.A. 2C:44-1(a)(9) (deterrence), preponderated over mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (no prior criminal history or delinquency). We are ... identify and balance the aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b) and explain the factual basis underpinning its ... incapable of exercising normal physical or mental power of resistance . . . .' N.J.S.A. 2C:44-1(a)(2). Based on the evidence adduced at trial, ...

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court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	19987

1038 STATE OF NEW JERSEY v. ALVI M. GHAZNAVI -- rank: 579

... and mitigating factors. Specifically, the court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the risk defendant would commit another offense), aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's criminal history), and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterring the defendant and others ... violating the law). The court also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship to defendant or ...

docket:	a1034-19
court:	NJ Superior Court Appellate Division
decided:	2020-11-24
status:	Unpublished
citation:
Document Size:	44518

1039 STATE OF NEW JERSEY v. JERMAINE BRYANT -- rank: 579

... court found aggravating factors three, the risk defendant would reoffend, N.J.S.A. 2C:44-1(a)(3), and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court detailed defendant's prior juvenile adjudications ... defendant had no history of prior delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7), because he 'had no prior adult convictions.' The ... not contemplate his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2), based on defendant's age. The court explained ...

docket:	a1547-19
court:	NJ Superior Court Appellate Division
decided:	2022-03-07
status:	Unpublished
citation:
Document Size:	22677

1040 /usr/local/share/www/libweb/collections/courts/appellate/a0044-21.opn.html -- rank: 579

... his sentence, arguing that the Legislature's 2020 amendment to N.J.S.A. 2C:44-1(b)1 should have applied retroactively to defendant's sentence ... On April 1, 2020, we affirmed defendant's sentence. 1 N.J.S.A. 2C:44-1(b)(14), adopted by the Legislature on October 19, 2020 ... sentence. Among other things, he argued that the amendment to N.J.S.A. 2C:44- 1(b) adding mitigating factor fourteen should be applied retroactively. The ... on appeal is that the youth mitigating factor amendment to N.J.S.A. 2C:44-1(b) should apply retroactively to his 2016 sentence. We review ... J. 362, 382 (2020). A-0044-21 3 Defendant contends N.J.S.A. 2C:44-1(b)(14) should apply retroactively because the amendment is ameliorative ... merits briefs, the Supreme Court decided Lane, which held that N.J.S.A. 2C:44-1(b)(14) applies only prospectively. Lane, 251 N.J. ...

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Document Size:	11071

1041 STATE OF NEW JERSEY v. KABAKA ATIBA -- rank: 579

... 65 (1984). Here, the sentencing court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the risk defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of his prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). The court noted that ... whether incarceration will cause defendant or his dependents excessive hardship. N.J.S.A. 2C:44-1(b)(11). In support of that argument, defendant contends that ...

docket:	a5606-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-07
status:	unpublished
citation:
Document Size:	25160

1042 STATE OF NEW JERSEY v. NICHOLAS F. GARREFFI -- rank: 579

... 19 Here, the judge found aggravating factors three and nine, N.J.S.A. 2C:44- 1(a)(3) (risk that defendant will commit another offense), (9 ... violating the law). The judge also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior history of delinquency or ... judge erred because he did not find mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate it is ... the judge erred by failing to find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) (defendant's incarceration would entail excessive hardship to ...

docket:	a1535-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-13
status:	Unpublished
citation:
Document Size:	39052

1043 STATE OF NEW JERSEY v. MARVIN SHERWOOD -- rank: 579

... found aggravating factors one, two, three, six, nine, and twelve. N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of offense and role of ... factors three, four, six, eight and nine should apply. See N.J.S.A. 2C:44-1(b)(3) (strong provocation), (4) (substantial grounds to excuse or ...

docket:	a3097-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-16
status:	unpublished
citation:
Document Size:	41259

1044 STATE OF NEW JERSEY v. O.L. -- rank: 577

... s prior criminal record), and nine (need for deterrence) applied, N.J.S.A. 2C:44-1(a)(3), -1(a)(6), -1(a)(9), and that ...

docket:	a1598-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-12
status:	unpublished
citation:
Document Size:	61072

1045 STATE OF NEW JERSEY VS. BRENNAN DOYLE -- rank: 577

... of two aggravating factors urged by the State: factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense') and six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ...

docket:	a1733-22
court:	appellate
decided:	2024-07-19
status:	Unpublished
citation:
Document Size:	32547

1046 STATE OF NEW JERSEY v. BRYDEN ROBERT WILLIAMS -- rank: 577

... sentencing, the judge found aggravating factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (6)(the extent ... that "the victim . . . induced or facilitated . . . commission" of the crime. N.J.S.A. 2C:44-1(b)(3), (4) and (5). The provocation referenced in N.J.S.A. 2C:44-1(b)(3) "relates to the conduct of the victim toward ... Div. 1985), certif. denied , 103 N.J. 467 (1986)). Similarly, N.J.S.A. 2C:44-1(b)(5) applies only if Whitley's actions "induced or ... neither of these mitigating sentencing factors applies. A finding under N.J.S.A. 2C:44-1(b)(4) typically involves a defendant's mental state at ...

docket:	a3619-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-09
status:	unpublished
citation:
Document Size:	52221

1047 STATE OF NEW JERSEY v. LIVIO A. MORALES -- rank: 577

... need to deter 'defendant and others from violating the law,' N.J.S.A. 2C:44-1(a)(9), and mitigating factor seven, 'no history of prior delinquency or criminal activity,' N.J.S.A. 2C:44- 1(b)(7). The judge did not state the weight given ... that mitigating factor three, 'defendant acted under a strong provocation,' N.J.S.A. 2C:44-1(b)(3), and four, 'substantial grounds tend[ed] to excuse ... justify . . . defendant's conduct, though failing to establish a defense,' N.J.S.A. 2C:44-1(b)(4), applied. He contends that trial counsel's failure ...

docket:	a3081-19
court:	NJ Superior Court Appellate Division
decided:	2021-05-03
status:	Unpublished
citation:
Document Size:	40739

1048 STATE OF NEW JERSEY v. RASHAN A. HARVARD -- rank: 577

... applied mitigating factors one, two, eight, nine, ten, and twelve. N.J.S.A. 2C:44-1(b)(1) (conduct neither caused nor threatened serious harm); -1 ... v. Megargel , 143 N.J. 484 , 494 (1996). Pursuant to N.J.S.A. 2C:44-1(f)(2), a judge is allowed to sentence a first ...

docket:	a4398-12
court:	NJ Superior Court Appellate Division
decided:	2016-01-11
status:	unpublished
citation:
Document Size:	45302

1049 STATE OF NEW JERSEY v. MIKE NEWMAN -- rank: 577

... the mandatory extended range." The court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (risk that the defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of the defendant's prior criminal record ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterring the defendant and others from ... These findings fully comply with the court's obligations under N.J.S.A. 2C:44-1. Defendant's observation that the victim "has made a remarkable ...

docket:	a2947-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-10
status:	unpublished
citation:
Document Size:	44654

1050 STATE OF NEW JERSEY v. JOSE SERRANO -- rank: 577

... on January 5, 2007. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense; nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law); and eleven, N.J.S.A. 2C:44-1(a)(11) (imposition of fine, penalty or order of restitution ... record did not support a finding of mitigating factor one, N.J.S.A. 2C:44-1(b)(1), defendant's conduct did not cause or threaten ... addiction did not warrant a finding of mitigating factor four, N.J.S.A. 2C:44-1(b)(4), substantial grounds tending to excuse or justify defendant ... record did not support a finding of mitigating factor nine, N.J.S.A. 2C:44-1(b)(9), the defendant's character and attitude indicate ...

docket:	a0212-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-02
status:	unpublished
citation:
Document Size:	19101