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1441 STATE OF NEW JERSEY v. HUGUES FRANCOIS -- rank: 535

... court erred in finding aggravating factors (3), (6) and (9), N.J.S.A. 2C:44-1(a)(3),(6) and (9), or in finding no mitigating ...

docket:	a0757-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-04
status:	unpublished
citation:
Document Size:	55416

1442 STATE OF NEW JERSEY v. DEVANTE DORMENA -- rank: 535

... for re- sentencing for reasons unrelated to the enactment of N.J.S.A. 2C:44-1(b)(14)— a new mitigating factor—specifically because the judge made no findings as to N.J.S.A. 2C:44-1(b)(13). But on remand, the judge will view defendant ... argues the judge erred by failing to find mitigating factor N.J.S.A. 2C:44-1(b)(13) (stating '[t]he conduct of a youthful defendant ... more mature than the defendant'), and by finding aggravating factors N.J.S.A. 2C:44-1(a)(3) (stating '[t]he risk that the defendant will commit another offense') and N.J.S.A. 2C:44- 1(a)(9) (stating '[t]he need for deterring the defendant ... one-half after the judge sentenced defendant, the Legislature enacted N.J.S.A. 2C:44-1(b)(14), a mitigating factor that may apply when '[ ...

docket:	a4819-18
court:	NJ Superior Court Appellate Division
decided:	2021-09-27
status:	Unpublished
citation:
Document Size:	11551

1443 STATE OF NEW JERSEY v. DAVID N. MEYER -- rank: 535

... judge found three aggravating factors, including risk of re-offending, N.J.S.A. 2C:44-1(a)(3), defendant's record, N.J.S.A. 2C:44-1(a)(6), and the need to deter defendant, N.J.S.A. 2C:44-1(a)(9), and no mitigating factors. The judge was "clearly ...

docket:	a5577-12
court:	NJ Superior Court Appellate Division
decided:	2015-03-19
status:	unpublished
citation:
Document Size:	16619

1444 /usr/local/share/www/libweb/collections/courts/appellate/a3663-19.opn.html -- rank: 535

... on January 20, 2017. 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 the ... he has been 2 A-3663-19 convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... could have been found would have been mitigating factor ten, N.J.S.A. 2C:44-1(b)(10) ('defendant is particularly likely to respond affirmatively to ...

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1445 STATE OF NEW JERSEY v. SALAAM REEVEY, a/k/a DESMOND REEVEY, SALAAM D REEVEY DESMOND S. REEVEY, and SALAAM DESMOND REEVEY -- rank: 535

... applied aggravating factors three (risk of recidivism) and nine (deterrence). N.J.S.A. 2C:44-1(a)(3) and (9). Defendant requested, and the judge denied ... another offense), and twelve (willingness to cooperate with law enforcement). N.J.S.A. 2C:44-1(b)(7), (8), (9), and (12). On appeal, defendant asserts that mitigating factor eleven (excessive hardship), N.J.S.A. 2C:44-1(b)(11), should have been applied, notwithstanding his failure to ... willingness of the defendant to cooperate with law enforcement authorities[,]" N.J.S.A. 2C:44-1(b)(12), when defendant refused to testify against Austin and ...

docket:	a2035-13
court:	New Jersey Superior Court Appellate Division
decided:	2016-03-03
status:	Published
citation:
Document Size:	24826

1446 STATE OF NEW JERSEY v. MARVIN FLORES-GAMEZ -- rank: 533

... sentence, the judge cited aggravating factors one, two, and nine, N.J.S.A. 2C:44-1(a)(1), (2), and (9), and mitigating factors seven and eleven, N.J.S.A. 2C:44-1(b)(7), and (11). 7 Although the judge remarked that ... judge to consider finding mitigating factors eight, nine, and twelve, N.J.S.A. 2C:44-1(b)(8), (9), and (12). In Case , the Court held ... incorrectly states that the judge also found aggravating factor six, N.J.S.A. 2C:44-1(a)(6). This finding was not included in the judge ...

docket:	a4345-13
court:	NJ Superior Court Appellate Division
decided:	2016-05-18
status:	unpublished
citation:
Document Size:	48305

1447 STATE OF NEW JERSEY v. BRIAN MATTHEW ALVAREZ -- rank: 533

... because defendant was owed a presumption of non-imprisonment under N.J.S.A. 2C:44-1(e), which the judge did not address in either the ... protection of the public under the criteria set forth' in N.J.S.A. 2C:44-1(a), with additional reference to 'the nature and circumstances of ... the defendant.'" Gardner , supra , 113 N.J. at 517 (quoting N.J.S.A. 2C:44-1 e). Making the "in or out" decision for a first ...

docket:	a2649-12
court:	NJ Superior Court Appellate Division
decided:	2014-02-27
status:	unpublished
citation:
Document Size:	21040

1448 STATE OF NEW JERSEY v. RENEE D. EDWARDS -- rank: 533

... criminal record); and (9) (need to deter defendant and others), N.J.S.A. 2C:44-1(a), but found no mitigating factors. He concluded that the ... 10) (defendant is particularly likely to respond affirmatively to probation), N.J.S.A. 2C:44-1(b), which, in any event, he found no longer applied ...

docket:	a0284-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-16
status:	unpublished
citation:
Document Size:	33594

1449 STATE OF NEW JERSEY v. ALAN C. FROST -- rank: 533

... drug users and others from getting into the building. 3 N.J.S.A. 2C:44-1(a)(1), (2), (3), (6), and (9). This archive is ...

docket:	a4143-08
court:	NJ Superior Court Appellate Division
decided:	2010-06-23
status:	unpublished
citation:
Document Size:	89763

1450 STATE OF NEW JERSEY v. FERNANDO ROSARIO -- rank: 533

... extent of defendant's prior record was an aggravating factor, N.J.S.A. 2C:44-1(a)(6), but she also conceded: "Candidly, your Honor, I ... Here, defendant received the presumptive sentence of twenty years imprisonment, N.J.S.A. 2C:44-1(f)(1)(a), and his Sixth Amendment right to a ... 575 (App. Div. 1989) (finding that "[t]he wording of N.J.S.A. 2C:44-1(a)(2) . . . indicates that the Legislature intended this aggravating factor ...

docket:	a4465-03
court:	NJ Superior Court Appellate Division
decided:	2005-12-23
status:	published
citation:
Document Size:	25147

1451 STATE OF NEW JERSEY v. TERRANCE O. HOOKS -- rank: 533

... 608 (2010) (citation omitted). Here, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk defendant will reoffend); (6) (prior criminal record ... and (9) (need for deterrence). The judge found mitigating factors N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not threaten or cause ...

docket:	a2574-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-05
status:	unpublished
citation:
Document Size:	45630

1452 STATE OF NEW JERSEY v. RICHARD A. SCOTT -- rank: 533

... applied aggravating factor three, the risk that defendant will recidivate, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of defendant's prior criminal record and the seriousness of the offense, N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The trial court found no mitigating factors. Appellate ...

docket:	a0081-08
court:	superior court trial
decided:	2011-03-02
status:	unpublished
citation:
Document Size:	25354

1453 STATE OF NEW JERSEY v. FRIAS OZONIA-AMBIERIX -- rank: 533

... certain aggravating factors and in omitting certain mitigating factors under N.J.S.A. 2C:44-1. In addition, defendant suggests that various circumstances warrant a concurrent ...

docket:	a6520-04
court:	njappellate
decided:	2008-04-25
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	52978

1454 /usr/local/share/www/libweb/collections/courts/appellate/a1924-16.opn.html -- rank: 533

... there were no mitigating factors and finding aggravating factors three, N.J.S.A. 2C:44- 1(a)(3); six, N.J.S.A. 2C:44-1(a)(6); and nine, N.J.S.A. 2C:44-1(a)(9). In discussing aggravating factor three, the judge noted ...

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court:	NJ Superior Court Law/Chancery Division
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1455 /usr/local/share/www/libweb/collections/courts/appellate/a4849-17.opn.html -- rank: 533

... aggravating factors: the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record ... seriousness of the offenses for which he was previously convicted, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The judge emphasized defendant's history of convictions ...

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