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1096 STATE OF NEW JERSEY v. NATALIA ALVAREZ -- rank: 572

... failure of the sentencing judge to consider mitigating factor seven N.J.S.A. 2C:44-1(b)(7) (no prior criminal history). Based upon our examination ... the sentencing court (1) failed to apply mitigating factor seven ( N.J.S.A. 2C:44-1(b)(7)), 2 (2) misapplied defendant's drug abuse as ... I would find the aggravating factors here to be three [ N.J.S.A. 2C:44-1(a)(3)] and nine [ N.J.S.A. 2C:44-1(a)(9)] at a rock bottom minimum. I really don ... S. Ct. 1602 , 16 L. Ed.2d 694 (1966). 2 N.J.S.A. 2C:44-1(b)(7) provides that the court may consider as a ...

docket:	a2825-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-29
status:	unpublished
citation:
Document Size:	31759

1097 STATE OF NEW JERSEY v. JAMAINE B. HAINES -- rank: 572

... need to deter "defendant and others from violating the law[.]" N.J.S.A. 2C:44-1(a)(3), (6), (9). The court found no evidence to ... factors, including factor eleven, that imprisonment "would entail excessive hardship," N.J.S.A. 2C:44-1(b)(11), and determined that the aggravating factors outweighed the ...

docket:	a5381-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-03
status:	unpublished
citation:
Document Size:	29936

1098 STATE OF NEW JERSEY v. RAHEEM CLEVELAND -- rank: 572

... 165 , 180-81 (2009). The trial judge found aggravating factors N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense ...

docket:	a2422-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-23
status:	unpublished
citation:
Document Size:	43702

1099 STATE OF NEW JERSEY v. IRLENE S. KELLER -- rank: 572

... Finding as aggravating factors that defendant may commit another offense, N.J.S.A. 2C:44-1(a)(3), and the need for deterrence, N.J.S.A. 2C:44-1(a)(9), and no mitigating factors, the court imposed an ...

docket:	a3408-08
court:	superior court appellate division
decided:	2010-12-29
status:	Unpublished
citation:
Document Size:	34998

1100 STATE OF NEW JERSEY v. TAQUAN JACKSON -- rank: 570

... criminal record," and the need to deter defendant and others. N.J.S.A. 2C:44-1(a)(1), (3), (6), and (9). The judge found the ... substantially influenced by another person more mature than the defendant." N.J.S.A. 2C:44-1(b)(7), (11), and (13). Defendant did not file a ... In applying the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1, the sentencing judge must "avoid ' double counting ' circumstances that the ... factor one, "[t]he nature and circumstances of the offense," N.J.S.A. 2C:44-1(a)(1), "the sentencing court reviews the severity of the ...

docket:	a5707-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-11
status:	unpublished
citation:
Document Size:	27266

1101 STATE OF NEW JERSEY v. TERRY M. BALDWIN -- rank: 570

... t]he risk that the defendant will commit another offense"), N.J.S.A. 2C:44- 1(a)(3); six ("[t]he extent of the defendant's ... seriousness of the offenses of which he has been convicted"), N.J.S.A. 2C:44-1(a)(6); and nine ("[t]he need for deterring the defendant and others from violating the law"), N.J.S.A. 2C:44-1(a)(9). He merely argues that the judge's analysis ...

docket:	a2634-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-03
status:	unpublished
citation:
Document Size:	46261

1102 STATE OF NEW JERSEY v. SAMUEL PATRIACO, JR. -- rank: 570

... for his loyalty. DEFENDANT: Whatever. The judge found aggravating factor N.J.S.A. 2C:44-1(a)(3), 'the risk of another offense,' which she viewed ... as weighing 'extremely heavily given [defendant's] lack of remorse,' N.J.S.A. 2C:44-1(a)(9), the 'need for deterrence,' and N.J.S.A. 2C:44-1(a)(2), 'the extent of harm inflicted on the victim.' The judge found mitigating factor N.J.S.A. 2C:44-1(b)(6), restitution, A-4547-19 5 but only gave ... He also urged the sentencing judge to find mitigating factor N.J.S.A. 2C:44-1(b)(6), based on defendant's willingness to pay restitution ...

docket:	a4547-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-06
status:	Unpublished
citation:
Document Size:	15006

1103 STATE OF NEW JERSEY v. ORDALE R. TELFAIR -- rank: 570

... another offense), six (extent of prior record), and nine (deterrence). N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge found no statutory mitigating factors. N.J.S.A. 2C:44-1(b). Although the judge had intended to give Telfair the ... withdraw his plea on the date of the sentencing. 1 N.J.S.A. 2C:44-1(b)(12). This appeal followed. II. On appeal, Telfair raises ... would entail excessive hardship to himself or his dependents) inapplicable. N.J.S.A. 2C:44-1(b)(11). Telfair's purported cooperation with law enforcement, which ... be ephemeral when Telfair sought to retract the guilty plea. N.J.S.A. 2C:44-1(b)(12). Affirmed. 1 The motion was subsequently denied and ...

docket:	a5384-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-20
status:	unpublished
citation:
Document Size:	29844

1104 STATE OF NEW JERSEY v. QUAISHAWN L. RAY -- rank: 570

... and 09-10-2433. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a2375-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-16
status:	unpublished
citation:
Document Size:	23477

1105 STATE OF NEW JERSEY v. DANTE SELBY -- rank: 570

... substantial weight to aggravating factors three (risk of re- offense), N.J.S.A. 2C:44-1(a)(3); six (seriousness and extent of prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine (need for general and specific deterrence), N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors and that ...

docket:	a1785-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-21
status:	Unpublished
citation:
Document Size:	29685

1106 /usr/local/share/www/libweb/collections/courts/appellate/a0671-19.opn.html -- rank: 570

... 2020, which was well after defendant's 2007 conviction. See N.J.S.A. 2C: 44- 1(b)(14) (providing '[t]he defendant was under [twenty-six ... of the offense.'). Further, the aggravating and mitigating factors in N.J.S.A. 2C:44-1(a) and (b) are 'part of the weighing A-0671 ...

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Document Size:	27282

1107 STATE OF NEW JERSEY v. JOHN BJUGSTAD -- rank: 570

... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(3), (6), and (9). Although the judge considered defendant ... finding that drug dependency is not a mitigating factor). 4 N.J.S.A. 2C:44-1(b)(12). This archive is a service of Rutgers School ...

docket:	a1067-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-17
status:	unpublished
citation:
Document Size:	56087

1108 STATE OF NEW JERSEY v. PABLO ACEVEDO -- rank: 570

... an agreeme n t ") and nine (need for deterrence). See N.J.S.A. 2C:44-1(a). The court found no mitigating factors. Defendant contends that ...

docket:	a3861-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-25
status:	unpublished
citation:
Document Size:	60109

1109 STATE OF NEW JERSEY v. RYAN RHODIE -- rank: 570

... attorney could have sought a finding of mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (defendant willing to cooperate with law enforcement authorities ... of defendant. Moreover, the trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... of the offenses he has been convicted of); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a4672-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-13
status:	unpublished
citation:
Document Size:	29582

1110 State v. Giuseppe Tedesco -- rank: 570

... and mitigating factors and the overall imposition of sentence. See N.J.S.A. 2C:44-1. Correcting errors on the spot also limits appellate issues and ...

docket:	A-50-12
court:	NJ Supreme Court
decided:	2013-06-24
status:
citation:	214 N.J. 177 69 A.3d 103
Document Size:	113086