Search Rutgers Law Library N.J. Court Opinions

1486 STATE OF NEW JERSEY v. JOSEPH A. FERRETTI -- rank: 530

... court should have found mitigating factors eight, nine and ten, N.J.S.A. 2C:44-1(b)(8), (9) and (10); because he offers no explanation ... to sentence him in the third-degree range pursuant to N.J.S.A. 2C:44- 1(f)(2), are without sufficient merit to warrant any discussion ...

docket:	a4310-17
court:	NJ Superior Court Appellate Division
decided:	2020-04-30
status:	Unpublished
citation:
Document Size:	45798

1487 STATE OF NEW JERSEY v. J.W.A. -- rank: 530

... acknowledges the court took note of mitigating factor number seven [ N.J.S.A. 2C:44- 1(b)(7)], but he seems to suggest others might have ...

docket:	a0312-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-23
status:	Unpublished
citation:
Document Size:	24022

1488 STATE OF NEW JERSEY v. CARLOS MONTES -- rank: 530

... to, and separate from," the finding of mitigating factors under N.J.S.A. 2C:44-1(b). The judge's determination of the second Strickland factor ...

docket:	a0566-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-21
status:	unpublished
citation:
Document Size:	41405

1489 STATE OF NEW JERSEY v. T.J.W -- rank: 530

... found mitigating factor eleven, that imprisonment would cause serious hardship, N.J.S.A. 2C:44- 1(b)(11). In support of this argument, defendant cites to ... for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44- - 1(a)(3), (6), (9). She did not find any mitigating ...

docket:	a2380-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-17
status:	Unpublished
citation:
Document Size:	30052

1490 STATE OF NEW JERSEY v. GARRY FLOYD -- rank: 530

... and sentenced defendant in accordance with the plea agreement. See N.J.S.A. 2C:44-1(a)(3) and (9). This appeal followed. In Point I ...

docket:	a2592-20
court:	NJ Superior Court Appellate Division
decided:	2022-10-17
status:	Unpublished
citation:
Document Size:	25685

1491 STATE OF NEW JERSEY v. MIKHAIL GOULDSON -- rank: 530

... is not an authorized sentence absent a determination pursuant to N.J.S.A. 2C:44-1(f)(2) that it was appropriate to sentence defendant in ... no findings supporting a reduction in the sentencing range under N.J.S.A. 2C:44-1(f)(2). Neither the State nor defendant raised the issue ...

docket:	a3666-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-10
status:	unpublished
citation:
Document Size:	69910

1492 STATE OF NEW JERSEY v. A.R.G -- rank: 530

... on the record at sentencing. As to aggravating factor one, N.J.S.A. 2C:44-1(a)(1) ('The nature and circumstances of the offense, and ...

docket:	a3314-18
court:	NJ Superior Court Appellate Division
decided:	2021-03-23
status:	Unpublished
citation:
Document Size:	64065

1493 STATE OF NEW JERSEY v. KATY MILES -- rank: 528

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior criminal ... seriousness of the offense for which she has been convicted, N.J.S.A. 2C:44-1(a)(6); and nine, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge found mitigating factors six, the defendant will participate in a program of community service, N.J.S.A. 2C:44-1(b)(6); and ten, the defendant is particularly likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1(b)(10). The judge held the aggravating factors preponderated over ... particular situation warranted incarceration. The judge found mitigating factor ten, N.J.S.A. 2C:44-1(b)(10), no longer applied because defendant did not ...

docket:	a1778-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-09
status:	unpublished
citation:
Document Size:	32387

1494 STATE OF NEW JERSEY v. BRIAN O. OJENIYI -- rank: 528

... a trial court must identify the relevant aggravating factors of N.J.S.A. 2C:44-1(a) and the relevant mitigating factors of N.J.S.A. 2C:44-1(b), "determine which factors are supported by a preponderance of ... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(3), (6), and (9). The judge concluded that the ...

docket:	a5753-10
court:	NJ Superior Court Appellate Division
decided:	2013-03-05
status:	unpublished
citation:
Document Size:	33710

1495 STATE OF NEW JERSEY v. ARVIN A. RIVAS -- rank: 528

... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), based 'upon [defendant's] extensive juvenile record.' The ... 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), based upon defendant's 'record as an adult ...

docket:	a5409-17
court:	NJ Superior Court Appellate Division
decided:	2020-12-02
status:	Unpublished
citation:
Document Size:	30095

1496 STATE OF NEW JERSEY v. EDARIEL MELENDEZ -- rank: 528

... Here, Judge Perfilio found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), and (9), stating "there is a risk ...

docket:	a3829-10
court:	NJ Superior Court Appellate Division
decided:	2014-06-27
status:	unpublished
citation:
Document Size:	59514

1497 STATE OF NEW JERSEY v. HARVEY COLE -- rank: 528

... 3), (6), (9), and (11) and finding no mitigating factors, N.J.S.A. 2C:44-1. He also maintains that the judge erred in imposing a ...

docket:	A3231-03
court:	NJ Superior Court Appellate Division
decided:	2005-10-17
status:	unpublished
citation:
Document Size:	103578

1498 STATE OF NEW JERSEY v. ANTHONY M. SANTORO -- rank: 528

... sentenced defendant on October 25, 2019, 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), and no mitigating factors. Thus, the aggravating factors ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44- -1(a) and (b) that apply to the case.' State v ...

docket:	a1331-19
court:	NJ Superior Court Appellate Division
decided:	2022-10-12
status:	Unpublished
citation:
Document Size:	16989

1499 STATE OF NEW JERSEY v. JUAN G. JIMENEZ -- rank: 528

... accorded undue weight to aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), resulting in a manifestly excessive and ...

docket:	a5633-12
court:	NJ Superior Court Appellate Division
decided:	2016-02-16
status:	unpublished
citation:
Document Size:	35011

1500 /usr/local/share/www/libweb/collections/courts/appellate/a0575-14.opn.html -- rank: 528

... 65 (1984)). Here, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will re-offend); six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record and the 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 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	36946