Search Rutgers Law Library N.J. Court Opinions

1141 STATE OF NEW JERSEY v. TYRESE HARRIS -- rank: 566

... three, six, and nine, and no factors in mitigation. See N.J.S.A. 2C:44-1. Harris received a thirteen-year sentence subject to eighty-five ... should receive the benefit of a remand resentence hearing because N.J.S.A. 2C:44-1(b)(14) was enacted after their sentence date. In State ...

docket:	a3206-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-09
status:	Unpublished
citation:
Document Size:	49004

1142 STATE OF NEW JERSEY v. SCOTT M. CAIN -- rank: 566

... of aggravating factors one, two, three, five, six, and nine, N.J.S.A. 2C:44-1(a)(1), (2), (3), (5), (6), and (9), were based ... support in the record. The court found one mitigating factor, N.J.S.A. 2C:44-1(b)(11). Defendant does not argue that the court failed ... of a business conducted from defendant's mother's home. N.J.S.A. 2C:44-1(a)(2) concerns The gravity and seriousness of harm inflicted ... 2013), the Court reviewed the inquiry applicable to this factor: N.J.S.A. 2C:44-1(a)(2) compels "a pragmatic assessment of the totality of ... Although the Legislature did not define "victim" for purposes of N.J.S.A. 2C:44-1(a)(2), the context in which the word is used ... victim -- the "harm inflicted" by the former upon the latter. N.J.S.A. 2C:44-1(a)(2). It focuses on the setting of the ...

docket:	a5477-10
court:	NJ Superior Court Appellate Division
decided:	2014-03-21
status:	unpublished
citation:
Document Size:	28339

1143 STATE OF NEW JERSEY v. JERERAD HOLLAWAY -- rank: 566

... 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 mitigating factors ...

docket:	a0263-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-03
status:	unpublished
citation:
Document Size:	43419

1144 STATE OF NEW JERSEY v. SILVER IQUCHUKWU -- rank: 566

... The State also requested the court apply aggravating factor one, N.J.S.A. 2C:44-1(a)(1), that the crime was committed A-1050-19 ... an especially heinous, cruel or depraved manner,' and factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ...

docket:	a1050-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	47512

1145 STATE OF NEW JERSEY v. NELSON D. VILLANUEVA -- rank: 566

... applied. The judge found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6) and (9). With regard to factor three ...

docket:	a3460-10
court:	NJ Superior Court Appellate Division
decided:	2012-11-05
status:	unpublished
citation:
Document Size:	63276

1146 STATE OF NEW JERSEY v. FRANK L. MARSH -- rank: 566

... 11-3(b)(4)(d), is unlike aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (offense was "committed in an especially heinous, cruel, or depraved manner") or two, N.J.S.A. 2C:44-1(a)(2) ("gravity and seriousness of the harm inflicted on ...

docket:	a6279-10
court:	NJ Superior Court Appellate Division
decided:	2014-10-16
status:	unpublished
citation:
Document Size:	93722

1147 STATE OF NEW JERSEY v. JOHN D. SEARLES -- rank: 566

... deterring the defendant and others from violating the law.' See N.J.S.A. 2C:44-1(a)(2), (3), and (9). The judge did not A ... at the time of the commission of the offense'). See N.J.S.A. 2C:44-1(b). At the sentencing hearing, defense counsel did not cite ... v. Lane, 251 N.J. 84, 87-88 (2022) (holding N.J.S.A. 2C:44-1(b)(14) was prospective and did not apply to defendants ...

docket:	a0031-19
court:	NJ Superior Court Appellate Division
decided:	2023-04-03
status:	Unpublished
citation:
Document Size:	43817

1148 STATE OF NEW JERSEY v. S.O.G. -- rank: 566

... of the offense when he concluded that aggravating factor two, N.J.S.A. 2C:44-1(a)(2), applied. Aggravating factor two requires a finding that ... incapable of exercising normal physical or mental power of resistance[.]" N.J.S.A. 2C:44-1(a)(2). Defendant points out that the forms of aggravated ... was obliged to find the existence of mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), "[t]he defendant has no history of prior ...

docket:	a3864-09
court:	NJ Superior Court Appellate Division
decided:	2011-12-20
status:	unpublished
citation:
Document Size:	56277

1149 STATE OF NEW JERSEY v. RASUAN WILSON -- rank: 566

... a juvenile and adult that did not result in convictions N.J.S.A. 2C:44-1(a)(3)(the risk of re-offense); -1(a)(9 ... also argues the judge failed to apply mitigating factor eleven. N.J.S.A. 2C:44- 1(b)(11) (the imprisonment of the defendant would entail excessive ...

docket:	a0940-16
court:	NJ Superior Court Appellate Division
decided:	2018-12-14
status:	Unpublished
citation:
Document Size:	30811

1150 STATE OF NEW JERSEY v. RAYMOND MORALES -- rank: 566

... merged the two offenses. The judge 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 criminal record and seriousness ... 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 ... Furthermore, when sentencing defendant, the judge found aggravating factor six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record and the seriousness ... the judge erred by refusing to find mitigating factors one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious harm), and two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his/her ...

docket:	a4024-14
court:	NJ Superior Court Appellate Division
decided:	2016-12-28
status:	unpublished
citation:
Document Size:	25801

1151 STATE OF NEW JERSEY v. D.D. -- rank: 566

... period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). The court, however, gave this factor only slight ... defendant is particularly likely to respond affirmatively to probationary treatment." N.J.S.A. 2C:44-1(b)(10). In giving this factor no weight, the court ... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3) and (9). The court gave substantial weight to ...

docket:	a1682-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-27
status:	unpublished
citation:
Document Size:	112064

1152 STATE OF NEW JERSEY v. KATRELL TRENT -- rank: 566

... not support the aggravating factors he found. Aggravating factor three, N.J.S.A. 2C:44-1(a)(3), risk of recidivism, was justified by defendant's ... s crimes escalated in intensity over time. Aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter, was highly relevant given ... the benefit of the doubt in awarding mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), since his criminal history was mainly in the ...

docket:	a5623-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-04
status:	Unpublished
citation:
Document Size:	24095

1153 STATE OF NEW JERSEY v. RAFAEL GONZALEZ-SANTANA -- rank: 566

... the trial judge should have found the following mitigating factors: N.J.S.A. 2C:44-1(b)(1), defendant did not cause serious harm; (2), defendant ... factors (3), the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(1), and (9), the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). In explaining his reasons, the judge stated: [T ...

docket:	a1658-11
court:	NJ Superior Court Appellate Division
decided:	2014-10-09
status:	unpublished
citation:
Document Size:	65638

1154 STATE OF NEW JERSEY v. JOSHUA CROSS -- rank: 566

... has balanced the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and -1(b), it 'may impose a term within ... explained why aggravating sentencing factors 3, 6, and 9 under N.J.S.A. 2C:44-1(a) applied, and why no mitigating factors under N.J.S.A. 2C:44-1(b) applied. Defendant has an extensive juvenile and adult criminal ...

docket:	a3417-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Unpublished
citation:
Document Size:	54627

1155 A-0STATE OF NEW JERSEY v. DAVID J. PECK May 15 2015 -- rank: 566

... what extent any of the thirteen enumerated aggravating factors apply. N.J.S.A. 2C:44-1(a). If it further finds that any of the thirteen ... then balance the two sets of factors against each other. N.J.S.A. 2C:44-1(b); State v. Natale , 184 N.J. 458 , 488 (2005 ...

docket:	a1792-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-21
status:	unpublished
citation:
Document Size:	50759