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1081 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. GABINO RIVERA -- rank: 574

... incapable of exercising normal physical or mental power of resistance[.] [ N.J.S.A. 2C:44-1(a)(2) (emphasis added).] At sentencing, defense counsel argued it ... seriousness of the offenses of which he has been convicted.' N.J.S.A. 2C:44-1(a)(6). However, the court gave defendant 'partial credit for ... presumptive' seven-year sentence on each second-degree crime. See N.J.S.A. 2C:44-1(f)(1)(c). However, in State v. Natale, 184 N ...

docket:	a2646-15
court:	NJ Superior Court Appellate Division
decided:	2017-11-13
status:	unpublished
citation:
Document Size:	58729

1082 STATE OF NEW JERSEY v. MARLON J. SELF -- rank: 572

... court's application of aggravating factors (3), (6) and (9), N.J.S.A. 2C:44-1(a)(3), (6) and (9), 3 or suggest the sentence ... illegal. The court applied mitigating factors (1), (2) and (4). N.J.S.A. 2C:44-1(b)(1), (2) and (4). Defendant identifies two additional mitigating ... specifically considered by Judge Richmond when applying mitigating factor four, N.J.S.A. 2C:44-1(b)(4), which permits a court to consider whether "[t ... may be presented to support application of mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11). However, a sentencing court may not consider the ...

docket:	a0741-08
court:	superior court appellate division
decided:	2010-10-12
status:	unpublished
citation:
Document Size:	50966

1083 A-0STATE OF NEW JERSEY v. ERICK K. KIBUUKA a/k/a ERIC K. KIBUUKA November 12, 2013 -- rank: 572

... Batten erroneously rejected application of mitigating factors 1 and 2, N.J.S.A. 2C:44-1(b)(1) and (2), and placed improper emphasis on aggravating ... for deterring the defendant and others from violating the law."). N.J.S.A. 2C:44-1(a) (3), (6), (9). He considered defendant's prior criminal ... justify defendant's conduct, though failing to establish a defense N.J.S.A. 2C:44-1(b)(4), after giving weight to defendant's substance abuse ... finding defendant's conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1), and factor 2, requiring a defendant did not ... contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). Rather, Judge Batten found serious harm resulted from ... and weighed the aggravating and mitigating circumstances set forth in N.J.S.A. 2C:44-1(a) and (b). See State v. Ghertler , 114 N. ...

docket:	a6290-11
court:	NJ Superior Court Appellate Division
decided:	2013-08-13
status:	unpublished
citation:
Document Size:	25833

1084 STATE OF NEW JERSEY VS. THOMAS CROSS -- rank: 572

... should apply to him. Defendant also argues mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14),1 which became effective on October 19, 2020 ... nine counts in the indictment. He was sentenced to 1 N.J.S.A. 2C:44-1(b)(14), defines a mitigating circumstance when '[t]he defendant ... to the benefit of the mitigating factor regarding youthful offenders, N.J.S.A. 2C:44-1(b)(14). Mitigating factor fourteen became effective on October 19 ... 251 N.J. at 96-97 ('In short, nothing in N.J.S.A. 2C:44- 1(b)(14)'s statutory text warrants a determination that the ... sentence. Defendant exhausted his avenues of appeal several years before N.J.S.A. 2C:44-1(b)(14) was enacted, and we find no independent basis ...

docket:	a3477-22
court:	appellate
decided:	2024-05-20
status:	Unpublished
citation:
Document Size:	19491

1085 DARRELL B. BROWN v. STATE OF NEW JERSEY MORRIS COUNTY OFFICE OF THE PUBLIC DEFENDER -- rank: 572

... offense), six (prior criminal record), and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9). The court also found A ... mitigating factor ten (likely to respond affirmatively to probationary treatment), N.J.S.A. 2C:44-1(b)(10), no longer applied. Brown was terminated from drug ...

docket:	a1811-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-03
status:	Unpublished
citation:
Document Size:	35618

1086 /usr/local/share/www/libweb/collections/courts/appellate/a0315-18.opn.html -- rank: 572

... App. Div. 2011)).] 6 Judge Kelley found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense'); six, N.J.S.A. 2C:44- 1(a)(6) ('The extent of the defendant's prior criminal ... the offenses of which he has been convicted'); and nine, N.J.S.A. 2C:44- 1(a)(9) ('The need for deterring the defendant and others ...

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1087 STATE OF NEW JERSEY v. KENNETH R. BANKS, a/k/a KEVIN BANKS RAQUAN BANKS, EDDIE JOHNSON STATE OF NEW JERSEY v. ANDRE NANCE, a/k/a PERNELL L. DARBY MARK DAVIS, KNOTT KNOTT, ALVIN MANCE SHAUNDY MYRICK GHENARDI NANCE, KEVIN NANCE, ANDRE A. STARKS ASM -- rank: 572

... the judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (the ... 9) (the need to deter). He found no mitigating factors. N.J.S.A. 2C:44-1(b). Based upon Nance's prior convictions, the judge concluded ...

docket:	a1896-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	67537

1088 STATE OF NEW JERSEY v. KALIL J. GRIFFIN -- rank: 572

... the sentencing judge determined there were no applicable mitigating factors. N.J.S.A. 2C:44-1(b). The sentencing judge found aggravating factors two, the gravity ... knew or should have known the victim was particularly vulnerable, N.J.S.A. 2C:44-1(a)(2); three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of the defendant's prior criminal record and the seriousness of those offenses, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The sentencing court provided an adequate explanation in ...

docket:	a5665-16
court:	NJ Superior Court Appellate Division
decided:	2019-12-17
status:	Unpublished
citation:
Document Size:	38507

1089 STATE OF NEW JERSEY v. MYRIAM JANVIER -- rank: 572

... judge found aggravating factors one, two, nine and fifteen. See N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the offense, . . . including whether ... one occasion'). The judge also found mitigating factor seven. See N.J.S.A. 2C:44-1(b)(7) (no prior criminal history). Defendant contends the judge ... s offenses did not 'involve [] an act of domestic violence . . . .' N.J.S.A. 2C:44-1(a)(15). We may 'remand for resentencing if the trial ...

docket:	a5139-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-01
status:	Unpublished
citation:
Document Size:	29020

1090 STATE OF NEW JERSEY v. EDDIE V. DAVIS -- rank: 572

... did not provide sufficient reasons for finding aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (deterrence). We disagree. 9 A-5092-15T4 A ...

docket:	a5092-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-16
status:	unpublished
citation:
Document Size:	41966

1091 STATE OF NEW JERSEY v. NICHOLAS N. ALEXANDER -- rank: 572

... 65 (1984)). Here, the trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another 10 A-3281-16T4 offense); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record and the seriousness ... the offenses of which he had been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... substantial weight. The judge also found mitigating factor two applied, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would ... record did not support the finding of mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious harm); and ten, N.J.S.A. 2C:44-1(b)(10) (defendant is likely to respond favorably to ...

docket:	a3281-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-14
status:	unpublished
citation:
Document Size:	39588

1092 STATE OF NEW JERSEY v. MARK MELVIN -- rank: 572

... 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 ... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(2), (3), (6), and (9). He found no mitigating ...

docket:	a3003-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	35548

1093 STATE OF NEW JERSEY v. RODOLFO GODINEZ -- rank: 572

... the aggravating factors (including one, two, three, five and nine, N.J.S.A. 2C: 44-1(a)(1), (2), (3), (5), (9)) and refusing to apply mitigating factor seven, N.J.S.A. 2C: 44-1(b)(7) (providing defendant has no history of prior delinquency ...

docket:	a6205-09
court:	NJ Superior Court Appellate Division
decided:	2014-04-02
status:	unpublished
citation:
Document Size:	75343

1094 STATE OF NEW JERSEY v. DANIEL AGRON -- rank: 572

... found aggravating factor three, the risk that defendant would reoffend, N.J.S.A. 2C:44-1(a)(3), as well as nine, the need to deter defendant and others from committing crimes, N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factor seven based ... defendant's lack of a prior adult criminal history. See N.J.S.A. 2C:44-1(b)(7). Under the familiar test applied to claims of ... ineffective because he failed to present four mitigating factors: three, N.J.S.A. 2C:44-1(b)(3); four, N.J.S.A. 2C:55-1 ... his "conduct was the result of circumstances unlikely to recur," N.J.S.A. 2C:44-1(b)(8). No certification, affidavit, reports, or any other proof ...

docket:	a6008-08
court:	superior court appellate division
decided:	2010-09-28
status:	unpublished
citation:
Document Size:	15252

1095 STATE OF NEW JERSEY v. PATRICK A. WILLIAMS -- rank: 572

... mitigating, finding aggravating factors one, two, three, six, and nine. N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), (9). The judge did find mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), that incarceration would impose a hardship on defendant ... judge found aggravating factors one, two, three, six, and nine. N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), (9). The judge found that ... result of his incarceration, the basis for mitigating factor eleven. N.J.S.A. 2C:44-1(b)(11). Given the greater weight the judge accorded the ...

docket:	a0495-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-26
status:	unpublished
citation:
Document Size:	43944