Search Rutgers Law Library N.J. Court Opinions

1531 STATE OF NEW JERSEY v. PABLO S. MACHADO -- rank: 524

... 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 ... aggravating factors: (1) the risk of re-offense (factor three), N.J.S.A. 2C:44-1(a)(3), (2) the extent of defendant's prior criminal record and the severity of those offenses (factor six), N.J.S.A. 2C:44-1(a)(6), and (3) the need for deterrence (factor nine), N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The court ...

docket:	a6185-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-22
status:	unpublished
citation:
Document Size:	28856

1532 STATE OF NEW JERSEY v. SHAWN PETERSON -- rank: 524

... on November 12, 1999. The court 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 prior criminal record and ... 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 ... for findings on certain mitigating factors, specifically, mitigating factor four, N.J.S.A. 2C:44-1(b)(4) ("[t]here were substantial grounds tending to excuse ... defendant's conduct, though failing to establish a defense"); eight, N.J.S.A. 2C:44-1(b)(8) ("defendant's conduct was the result of circumstances unlikely to recur"); nine, N.J.S.A. 2C:44-1(b)(9) ("character and attitude of the defendant indicate ...

docket:	a2577-09
court:	superior court appellate division
decided:	2011-01-19
status:	unpublished
citation:
Document Size:	18026

1533 STATE OF NEW JERSEY v. GUILIO MESADIEU -- rank: 524

... factors -- the need to deter and the risk of recidivism, N.J.S.A. 2C:44-1(a)(3), (9) -- and found no mitigating factors. We reject ...

docket:	a2408-08
court:	NJ Superior Court Appellate Division
decided:	2011-07-22
status:	unpublished
citation:
Document Size:	77168

1534 STATE OF NEW JERSEY VS. RYAN E. COLES -- rank: 524

... and weighed the statutory aggravating and mitigating sentencing factors. See N.J.S.A. 2C:44-1(a) and (b). The court imposed consecutive forty-year sentences ... by failing to correctly find and weigh mitigating factor four, N.J.S.A. 2C:44-1(b)(4), in its determination of defendant's sentence. Reversed ...

docket:	a3374-21
court:	appellate
decided:	2024-05-02
status:	Unpublished
citation:
Document Size:	24548

1535 STATE OF NEW JERSEY v. DAWAN INGRAM -- rank: 524

... typical adult and was not restrained or previously wounded. However, N.J.S.A. 2C:44- 1(a)(2), 'does not limit 'vulnerability' to age or other ... O'Donnell, 117 N.J. 210, 218-219 (1989) (quoting N.J.S.A. 2C:44-1(a)(2)). We discern no abuse of the court's ...

docket:	a0463-16
court:	NJ Superior Court Appellate Division
decided:	2019-04-12
status:	Unpublished
citation:
Document Size:	37458

1536 STATE OF NEW JERSEY VS. SEAN JONES, ET AL. -- rank: 524

... age at the time of the commission of the offense.' N.J.S.A. 2C:44- 1(b)(14). In State v. Lane, 251 N.J. 84 ... law. Also, as with the enactment of mitigating factor fourteen, [N.J.S.A. 2C:44- 1(b)(14)], the Legislature has the law-making power to ...

docket:	a3911-21a1264-22a1358-22
court:	appellate
decided:	2024-05-29
status:	Published
citation:
Document Size:	54252

1537 Thisopinion shall not "constitute precedent or be binding upon any court Although it is posted on the internet, this opinion is binding only on the STATE OF NEW JERSEY v. URIAH HILL -- rank: 524

... because the judge's application of aggravating factor number one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense, including ...

docket:	a3577-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-19
status:	unpublished
citation:
Document Size:	48378

1538 STATE OF NEW JERSEY v. BRUCE D. STERLING -- rank: 524

... intimate of ways. The court found aggravating factor number three, N.J.S.A. 2C:44-1(a)(3), aggravating factor number six, N.J.S.A. 2C:44-1(a)(6), and aggravating factor number nine, N.J.S.A. 2C:44-1(a)(9). This was defendant's eighth Superior Court conviction ... women, mean he is at great risk to reoffend. See N.J.S.A. 2C:44-1(a)(3). The extent of his criminal history at age ...

docket:	a3174-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-24
status:	unpublished
citation:
Document Size:	40743

1539 STATE OF NEW JERSEY v. FUQUAN WILLIAMS -- rank: 524

... S.A. 2C:39-5(b) to third-degree. See N.J.S.A. 2C:44-1(f)(2). It then imposed the minimum prison sentence for ...

docket:	a0646-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	66529

1540 STATE OF NEW JERSEY v. BERNARD JENKINS -- rank: 524

... sentences are excessive because the court found aggravating factor eight, N.J.S.A. 2C:44-1(a)(8) (offense committed against a law enforcement officer). Defendant ... sentence is warranted because the judge found mitigating factors three, N.J.S.A. 2C:44-1(b)(3) (defendant acted under a strong provocation), and four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse or justify defendant's ...

docket:	a1317-11
court:	NJ Superior Court Appellate Division
decided:	2012-12-13
status:	unpublished
citation:
Document Size:	29594

1541 /usr/local/share/www/libweb/collections/courts/appellate/a2970-11resubmitted.opn.html -- rank: 524

... neither exceptional nor "excessive," so as to trigger application of N.J.S.A. 2C:44-1(b)(11). Defendant's claim that he was immature, and ... of more culpable co-defendants, apparently an effort to apply N.J.S.A. 2C:44-1(b)(13), was unpersuasive for two reasons. First, defendant was ... court have any basis to impose, a downgraded sentence under N.J.S.A. 2C:44-1(f)(2). See State v. Megargel , 143 N.J. 484 ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	17715

1542 STATE OF NEW JERSEY v. LEONEL QUINTEROGUERRO -- rank: 524

... not agree. Here, the trial court found aggravating factors two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the ... the victim was particularly vulnerable or incapable of resistance); nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter defendant and others from violating the law); and twelve, N.J.S.A. 2C:44-1(a)(12) (defendant committed the offense against a person who ... older or disabled). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior history of delinquency or ...

docket:	a4980-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	33367

1543 /usr/local/share/www/libweb/collections/courts/appellate/a3215-20.opn.html -- rank: 524

... misspoke and meant A-3215-20 16 Aggravating factor two, N.J.S.A. 2C:44-1(a)(2), requires the sentencing judge to consider the following ...

docket:
court:
decided:
status:
citation:
Document Size:	29609

1544 STATE OF NEW JERSEY v. KEN GUNTER -- rank: 524

... judge found aggravating factors three, six, and nine were applicable. N.J.S.A. 2C:44-1(a)(3), (6), (9). He found no mitigating factors. A ... provide the sentencing court with proofs supporting two mitigating factors: N.J.S.A. 2C:44-1(b)(2), defendant did not contemplate his conduct would cause or threaten harm, and N.J.S.A. 2C:44-1(b)(13), defendant's youthful conduct was substantially influenced by ... to raise mitigating factor thirteen during sentencing. Mitigating factor thirteen, N.J.S.A. 2C:44- 1(b)(13), provides, 'The conduct of a youthful defendant was ... reasons. First, substance abuse is not a mitigating factor under N.J.S.A. 2C:44-1(b). In addition, defendant was ineligible for drug court as ...

docket:	a0198-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-26
status:	Unpublished
citation:
Document Size:	12432

1545 STATE OF NEW JERSEY v. JOHN J. LAWLESS -- rank: 524

... factors and four A-4742-16T2 2 aggravating: factor two, N.J.S.A 2C:44-1(a)(2) (gravity and seriousness of harm); factor three, N.J.S.A 2C:44-1(a)(3) (risk of re-offending); factor six, N.J.S.A 2C:44-1(a)(6) (prior criminal record); and factor nine, N.J.S.A 2C:44- 1(a)(9) (need for deterrence). Defendant was then sentenced to ... used to support aggravating factor two actually supported factor one, N.J.S.A 2C:44- - 1(a)(1) (nature and circumstances of the offense). Lawless, 214 ...

docket:	a4742-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-14
status:	Unpublished
citation:
Document Size:	18293