Search Rutgers Law Library N.J. Court Opinions

1231 STATE OF NEW JERSEY v. RODNEY CAUTHEN -- rank: 555

... of re-offense), six (criminal history) and nine (deterrence). See N.J.S.A. 2C:44-1(a). The court gave 'heavy' weight to factor nine. It found no mitigating factors. N.J.S.A. 2C:44-1(b). Defendant was sentenced to a five-year term on ...

docket:	a4136-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-19
status:	Unpublished
citation:
Document Size:	20006

1232 STATE OF NEW JERSEY v. DALE BURNETT -- rank: 555

... 7 and Maguire because it found seven aggravating factors under N.J.S.A 2C:44-1: (1) the heinous, cruel, and depraved manner in which the ...

docket:	a1208-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-02
status:	unpublished
citation:
Document Size:	21477

1233 STATE OF NEW JERSEY v. TERRENCE DARNELL SCOTT -- rank: 555

... must consider specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... factors three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant’s prior criminal record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Defendant has an extensive criminal history, including five ...

docket:	a5237-07
court:	NJ Superior Court Appellate Division
decided:	2011-03-23
status:	unpublished
citation:
Document Size:	40929

1234 STATE OF NEW JERSEY v. MARTIN ROBLES -- rank: 555

... at rehabilitation while incarcerated and newly-enacted mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14) (mitigating factor fourteen), in light of his youthful ... 88 (2022). In doing so, he acknowledged the Legislature amended N.J.S.A. 2C:44- 1 in 2020 to add mitigating factor fourteen if '[t]he ... 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 ... however, defendant exhausted his avenues of appeal several years before N.J.S.A. 2C:44-1(b)(14) was enacted, and we agree with the court ...

docket:	a0812-22
court:	NJ Superior Court Appellate Division
decided:	2024-03-07
status:	Unpublished
citation:
Document Size:	17220

1235 STATE OF NEW JERSEY v. IDELTRUDI C. RAMIREZ -- rank: 555

... under Nicole's Law. The trial court found aggravating factors N.J.S.A. 2C:44-1(a)(3), (4), and (9), and mitigating factors N.J.S.A. 2C:44-1(b)(7) and (9). The psychological evaluation report submitted by ...

docket:	a0677-20
court:	NJ Superior Court Appellate Division
decided:	2021-12-30
status:	Unpublished
citation:
Document Size:	11966

1236 /usr/local/share/www/libweb/collections/courts/appellate/a0254-18.opn.html -- rank: 555

... was erroneous because the judge incorrectly applied aggravating factor six. N.J.S.A. 2C:44-1(a)(6).8 Defendant is mistaken. At sentencing, the prosecution ... merit in defendant's argument. Affirmed. 9 Aggravating factor three, N.J.S.A. 2C:44-1(a)(3), considers the risk of a defendant committing another ... if a defendant has no prior record. Aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), considers the need for deterring the defendant and ...

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1237 STATE OF NEW JERSEY v. JERMAINE McCAIN -- rank: 555

... undue emphasis on aggravating factor three, risk of re - offense, N.J.S.A. 2C:44-1(a)(3). The trial judge found that: That is based ... the aggravating factors and where the interest of justice demands. N.J.S.A. 2C:44-1(f)(2). We decline to second guess the trial judge ...

docket:	a0530-20
court:	NJ Superior Court Appellate Division
decided:	2023-10-11
status:	Unpublished
citation:
Document Size:	50619

1238 STATE OF NEW JERSEY v. JOHN J. LAWLESS, JR -- rank: 555

... a legal term. N.J.S.A. 2C:11-4c; N.J.S.A. 2C:44-1. The actual term imposed by judges for this offense varies ...

docket:	a2064-10
court:	NJ Superior Court Appellate Division
decided:	2011-12-07
status:	published
citation:	423 N.J. Super. 293 32 A.3d 562
Document Size:	40279

1239 STATE OF NEW JERSEY v. JOAO M. SPENCER OLIVEIRA -- rank: 552

... defendant will commit other offenses) and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and mitigating factors seven (no history of ... activity) and twelve (defendant's cooperation with law enforcement authorities), N.J.S.A. 2C:44-1(b)(7), (12). The judge rejected aggravating factor one (the nature and circumstances of the offense), N.J.S.A. 2C:44-1(a)(l), and mitigating factor four (substantial grounds tending to ... the defendant's conduct though failing to establish a defense), N.J.S.A. 2C:44-1(b)(4). Finding the aggravating factors outweighed the mitigating factors ... defense," (emphasis added) warranting a finding of mitigating factor four. N.J.S.A. 2C:44-1(b)(4). See State v. Ghertler , 114 N.J. 383 ...

docket:	a0162-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-25
status:	unpublished
citation:
Document Size:	45906

1240 A-0STATE OF NEW JERSEY v. JULIO GRACIANO August 14, 2013 -- rank: 552

... 3), (6), and (9). The judge found no mitigating factors. N.J.S.A. 2C:44-1(b). The judge also noted that the circumstances of the ...

docket:	a6263-10
court:	NJ Superior Court Appellate Division
decided:	2013-04-30
status:	unpublished
citation:
Document Size:	45088

1241 State v. R.Y. -- rank: 552

... reoffend; and aggravating factor nine, the need for deterrence. See N.J.S.A. 2C:44-1(a)(2), (3), and (9). It further found that those ... seven, the defendant’s lack of a criminal history. See N.J.S.A. 2C:44-1(b)(7). We need not comment on defendant’s sentencing ...

docket:	a-60-18
court:	NJ Supreme Court
decided:	0000-00-00
status:
citation:
Document Size:	58973

1242 STATE OF NEW JERSEY v. TERRELL L. WILLIAMS -- rank: 552

... judge found aggravating sentencing factors three, six and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(6) (defendant ... He also found mitigating factors seven, ten and eleven. See N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal history or defendant has ... dependents). Although he did not specifically find mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct resulted from circumstances unlikely to ... the presumption of imprisonment for a second-degree offense, see N.J.S.A. 2C:44-1(d), and house arrest with electronic monitoring did not satisfy ... conviction for a second-degree crime. 3 In this regard, N.J.S.A. 2C:44-1(d) provides, [t]he court shall deal with a person ...

docket:	a2341-15
court:	NJ Superior Court Appellate Division
decided:	2016-10-14
status:	unpublished
citation:
Document Size:	24611

1243 STATE OF NEW JERSEY v. BASIM HENRY -- rank: 552

... finding no mitigating factors, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense) and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

docket:	a4619-16
court:	NJ Superior Court Appellate Division
decided:	2020-04-21
status:	Unpublished
citation:
Document Size:	57173

1244 STATE OF NEW JERSEY v. MICHAEL T. WILFONG -- rank: 552

... 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). The court found no mitigating factors applicable to ...

docket:	a5542-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-23
status:	unpublished
citation:
Document Size:	44976

1245 /usr/local/share/www/libweb/collections/courts/appellate/a4456-17.opn.html -- rank: 552

... three, six, and nine, based on defendant's criminal history. N.J.S.A. 2C:44-1(a)(3), (6), and (9). Applying a Yarbough 4 analysis ...

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