Search Rutgers Law Library N.J. Court Opinions

1186 STATE OF NEW JERSEY v. CHRISTOPHER J. HOPPE -- rank: 561

... the third-degree range, and recommended several mitigating factors under N.J.S.A. 2C:44-1(b), in particular, no prior criminal history, N.J.S.A. 2C:44-1(b)(7), [t]he character and attitude of the defendant indicate that he is unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), defendant is likely to respond affirmatively to probation, N.J.S.A. 2C:44-1(b)(10), and imprisonment will entail excessive hardship, N.J.S.A. 2C:44-1(b)(11). Judge Manahan heard the emotionally charged statements from ... judge found aggravating factor nine, the need for general deterrence, N.J.S.A. 2C:44-1(a)(9), and mitigating factors seven, no prior criminal ...

docket:	a3277-11
court:	NJ Superior Court Appellate Division
decided:	2013-04-15
status:	unpublished
citation:
Document Size:	16352

1187 STATE OF NEW JERSEY v. BRYAN C. BOSTON -- rank: 559

... the defendant's conduct, though failing to establish a defense." N.J.S.A. 2C:44-1(b)(4). In fact, trial counsel's sentencing memorandum argued ... factor one, "[t]he nature and circumstances of the offense." N.J.S.A. 2C:44-1(a)(1). More importantly, the court gave "significant weight" to ... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(3), (6), (9). Indeed, the court found the "risk ... factor three, "[t]he defendant acted under a strong provocation." N.J.S.A. 2C:44-1(b)(3). The court only found "to some extent" what ... discussion. R. 2:11-3(e)(2). Affirmed. 1 See N.J.S.A. 2C:44-1(b)(11) ("The imprisonment of the defendant would entail excessive ...

docket:	a3692-12
court:	NJ Superior Court Appellate Division
decided:	2014-07-25
status:	unpublished
citation:
Document Size:	37544

1188 STATE OF NEW JERSEY v. DWAYNE HUTCHINSON -- rank: 559

... He contends that his conduct was substantially influenced by Carter, N.J.S.A. 2C:44-1(b)(13), and that he did not contemplate nor did ... his encounter with the victim cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(1) and (2). 1 The facts do not support ... clearly unreasonable. Affirmed. 1 Defendant did not argue mitigating factors N.J.S.A. 2C:44-1(b)(1) and (2) to the sentencing judge. This archive ...

docket:	a6283-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-26
status:	unpublished
citation:
Document Size:	23132

1189 STATE OF NEW JERSEY v. JAMES JACKSON -- rank: 559

... three aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of the offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. After merging ...

docket:	a5002-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-03
status:	unpublished
citation:
Document Size:	24694

1190 STATE OF NEW JERSEY v. WAHIDUDDI KIMBROUGH -- rank: 559

... and the court gave undue weight to aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter defendant and others from ... 65 (1984)). In addressing aggravating factor nine, the judge stated: N.J.S.A. 2C:44-1[(]a[)](9) states that when sentencing [a d]efendant a ...

docket:	a0777-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-19
status:	Unpublished
citation:
Document Size:	52372

1191 STATE OF NEW JERSEY v. VICTOR NORWOOD -- rank: 559

... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3), and aggravating factor nine, "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). He argues these factors "apply in almost every ... the court should have found mitigating factors two and six, N.J.S.A. 2C:44-1(b)(2), (6). There is no basis in the record ... contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2). The jury convicted defendant of second-degree eluding ... his conduct for the damage or injury that he sustained . . . ." N.J.S.A. 2C:44-1(b)(6). While defendant was ordered to pay restitution to ...

docket:	a1326-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-01
status:	unpublished
citation:
Document Size:	37187

1192 STATE OF NEW JERSEY v. BYRON KENNETH JONES JR -- rank: 559

... must consider and balance statutorily enumerated aggravating and mitigating circumstances, N.J.S.A. 2C:44-1(a) and (b), and explain how the sentence was determined ... that the trial court failed to apply mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), and offered no explanation for that decision. Specifically ... hardship occasioned by his imprisonment would impose an "excessive" hardship. N.J.S.A. 2C:44-1(b)(11). Their conclusory statements were inadequate to demonstrate an ...

docket:	a4102-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-16
status:	unpublished
citation:
Document Size:	36745

1193 STATE OF NEW JERSEY v. DAVID GASKINS -- rank: 559

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (6) and (9). The judge noted that defendant ... will entail an excessive hardship to defendant or his dependents). N.J.S.A. 2C:44-1(b)(11). Defendant also argues that the judge impermissibly counted ...

docket:	a6204-09
court:	NJ Superior Court Appellate Division
decided:	2014-01-10
status:	unpublished
citation:
Document Size:	53236

1194 STATE OF NEW JERSEY v. JOANN SATORIUS -- rank: 559

... extended sentence had a presumptive term of fifteen years imprisonment. N.J.S.A. 2C:44-1(f)(1)); N.J.S.A. 2C:43-7a(3 ... the court's weighing of the aggravating and mitigating factors, N.J.S.A. 2C:44-1(a) and (b); N.J.S.A. 2C:44-1(f). Here, the judge balanced the aggravating factors, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense) , (6) (prior criminal ... of doing business) , against the slight application of mitigating factor N.J.S.A. 2C:44-1(b) (2) (defendant did not contemplate that his/her conduct ...

docket:	A2732-04
court:	NJ Superior Court Appellate Division
decided:	2006-08-10
status:	unpublished
citation:
Document Size:	40223

1195 STATE OF NEW JERSEY v. SAMUEL TOLBERT -- rank: 559

... to sentencing within the second-degree range as permitted under N.J.S.A. 2C:44-1(f)(2). A-0964-22 14 agreement permitting the court ... the range for a second-degree offense as authorized under N.J.S.A. 2C:44-1(f)(2). We recognize that '[d]isparity [in sentencing] may ... be sentenced within the second-degree range as permitted under N.J.S.A. 2C:44-1(f)(2). Defendant does not argue such evidence existed and ... Johnson was sentenced in accordance with her plea agreement under N.J.S.A. 2C:44-1(f)(2). In other words, the court lacked any basis in the record to sentence defendant under N.J.S.A. 2C:44-1(f)(2) to the same five-year sentence imposed on ...

docket:	a0964-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-27
status:	Unpublished
citation:
Document Size:	30920

1196 STATE OF NEW JERSEY v. NELSON S. AGUILAR-LOPEZ -- rank: 559

... APPLICATION OF THE RECENTLY ENACTED MITIGATING FACTOR FOURTEEN FOUND IN N.J.S.A. 2C:44-1(B)(14). Having considered these arguments in light of the ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). However, the Court has held the factor does ... at 97 n.3 A-0263-20 20 ('We view N.J.S.A. 2C:44-1(b)(14) to apply not only to defendants sentenced for ...

docket:	a0263-20
court:	NJ Superior Court Appellate Division
decided:	2023-06-12
status:	Unpublished
citation:
Document Size:	36183

1197 STATE OF NEW JERSEY v. JOHN A. WELLS -- rank: 559

... The judge found aggravating factors three (risk of re-offense), N.J.S.A. 2C:44-1(a)(3); six (prior criminal record), N.J.S.A. 2C:44-1(a)(6); and nine A-0341-18 9 (need for deterrence), N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors and that ...

docket:	a0341-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-19
status:	Unpublished
citation:
Document Size:	36640

1198 STATE OF NEW JERSEY v. RICHARD BRIGGS -- rank: 559

... risk defendant will commit another offense) and nine (general deterrence), N.J.S.A. 2C:44-1(a)(3) and (9), were in equipoise with mitigating factors ... to pay restitution) and seven (lack of prior criminal record), N.J.S.A. 2C:44-1(b)(6) and (7). Pursuant to the terms of the ... would cause excessive hardship to defendant or defendant's dependents), N.J.S.A. 2C:44-1(b)(8), (9), and (11)). The PCR judge concluded defendant ...

docket:	a0871-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-15
status:	Unpublished
citation:
Document Size:	24235

1199 STATE OF NEW JERSEY V. SHAWN BAXLEY -- rank: 559

... reflect the judge found aggravating factor nine (need to deter), N.J.S.A. 2C:44-1(a)(9), at sentencing, not aggravating factor seven (defendant committed ... the offense pursuant to an agreement involving a pecuniary incentive), N.J.S.A. 2C:44-1(a)(7), as shown on the existing JOC. Accordingly, we ...

docket:	a3538-22
court:	appellate
decided:	2024-04-29
status:	Unpublished
citation:
Document Size:	28294

1200 STATE OF NEW JERSEY v. ELONZIO ODUMS -- rank: 559

... year period of parole ineligibility. The court found aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense), (6 ... need for deterrence). The sentencing judge mentioned that mitigating factor N.J.S.A. 2C:44-1(b)(11) (excessive hardship) would apply due to defendant's ... consider the relevant aggravating factors and may consider mitigating factors. N.J.S.A. 2C:44-1(a) and (b). Provided that the trial judge followed the ...

docket:	a5202-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-16
status:	unpublished
citation:
Document Size:	34484