Search Rutgers Law Library N.J. Court Opinions

1636 STATE OF NEW JERSEY v. LAURA GONZALEZ -- rank: 513

... impermissible 'double counting' by finding aggravating factor two applied. See N.J.S.A. 2C:44-1(a)(2) ('The gravity and seriousness of harm inflicted on ... Judge Borkowski also found aggravating factors three and nine. See N.J.S.A. 2C:44-1(a)(3) (the risk of re- offense); (a)(9) (the ... and others). The judge found mitigating factor seven applied. See N.J.S.A. 2C:44-1(b)(7) (defendant's lack of a prior criminal record ...

docket:	a0832-18
court:	NJ Superior Court Appellate Division
decided:	2020-11-05
status:	unpublished
citation:
Document Size:	58877

1637 STATE OF NEW JERSEY v. KEVIN A. CARTER -- rank: 513

... seriousness of the offenses of which he has been convicted[,]' N.J.S.A. 2C:44-1(a)(6), without adequately taking into account how 'mild' the ...

docket:	a1146-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-22
status:	Unpublished
citation:
Document Size:	27036

1638 STATE OF NEW JERSEY v. KAHLIL S. BLACKWELL -- rank: 513

... to reconsider its sentence under the recently enacted amendment to N.J.S.A. 2C:44-1(b) that added new statutory mitigating factor (14), '[t]he ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). We conclude that defendant's arguments are without ... from his sentence in April 2020. After the amendment to N.J.S.A. 2C:44-1(b) adding mitigating (14) became law, on November 12, 2020 ...

docket:	a3233-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-05
status:	Unpublished
citation:
Document Size:	17432

1639 STATE OF NEW JERSEY v. JOHN W. OATMAN -- rank: 513

... we disagree. Here, the trial court 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 ... argues that the court should have found mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate his conduct would cause or threaten serious harm); seven, N.J.S.A. 2C:44-1(b)(7) (defendant has no prior criminal record, and has ... time before the commission of the present offense); and eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct resulted from circumstances unlikely to ...

docket:	a5395-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-28
status:	unpublished
citation:
Document Size:	25013

1640 STATE OF NEW JERSEY v. MICHAEL COSBY -- rank: 511

... incapable of exercising normal physical or mental power of resistance, N.J.S.A. 2C:44-1(a)(2). The trial court applied that factor because it ... question are number three, defendant acted under a strong provocation, N.J.S.A. 2C:44-1(b)(3); number five, the victim of the defendant's conduct induced or facilitated its commission, N.J.S.A. 2C:44-1(b)(5); and number six, defendant has compensated or will ... sustained, or will participate in a program of community service, N.J.S.A. 2C:44-1(b)(6). Defendant claims that mitigating factors three and five ...

docket:	a3292-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-28
status:	unpublished
citation:
Document Size:	21709

1641 STATE OF NEW JERSEY v. D.D.Z. -- rank: 511

... analyzed the aggravating and mitigating factors and found applicable under N.J.S.A. 2C:44-1(a) aggravating factors three, "[t]he risk that defendant will ... The court did not find any mitigating factors applicable under N.J.S.A. 2C:44-1(b). Defendant contends that the court erred because he was ...

docket:	a3581-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-26
status:	unpublished
citation:
Document Size:	20770

1642 STATE OF NEW JERSEY v. SHAWN E. FOYE -- rank: 511

... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); the risk defendant would commit another crime, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of his prior convictions, 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 found no mitigating factors. The judge ...

docket:	a0457-10
court:	NJ Superior Court Appellate Division
decided:	2011-11-29
status:	unpublished
citation:
Document Size:	27401

1643 STATE OF NEW JERSEY v. MARK JACKSON, -- rank: 511

... See N.J.S.A. 2A:162-18(a)(1); N.J.S.A. 2C:44-1(a)(3). In the balance, the correctional facilities' interest in ...

docket:	a0022-18
court:	NJ Superior Court Appellate Division
decided:	2019-07-19
status:	Published
citation:	460 N.J.Super. 258 214 A.3d 211
Document Size:	40257

1644 STATE OF NEW JERSEY v. WILLIAM CONYERS -- rank: 511

... his conduct was substantially influenced by another, more mature, person. N.J.S.A. 2C:44-1(b)(13). He also submits he should not have A ...

docket:	a4637-18
court:	NJ Superior Court Appellate Division
decided:	2023-02-13
status:	Unpublished
citation:
Document Size:	39974

1645 /usr/local/share/www/libweb/collections/courts/appellate/a6218-07resubmit.opn.html -- rank: 511

... aggravating factor one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1). The court took particular note of the impact ... need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). In the court's view, this was a ... court found mitigating factor seven, lack of prior criminal history, N.J.S.A. 2C:44-1(b)(7). The court rejected defendant's argument that mitigating ... court also rejected defendant's assertion of mitigating factors eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances unlikely to recur), and nine, N.J.S.A. 2C:44-1(b)(9) (the character and attitude of the defendant indicate ... the statutory range and supported by the record. Affirmed. 1 N.J.S.A. 2C:44-1(b)(3)(4) and (5). This archive is a ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	10846

1646 STATE OF NEW JERSEY v. JUNIOR SANTOS -- rank: 511

... mitigating factors eight, eleven and thirteen, giving reasons therefor. See N.J.S.A. 2C:44-1(b)(8), (11), and (13). Defense counsel stated that defendant ... her requests. Members of J.R.'s family spoke. See N.J.S.A. 2C:44-1(b)(1), (2), (3), (6), and (9). Defendant spoke. The ... that, at sentencing, his trial counsel failed to sufficiently address N.J.S.A. 2C:44-1's aggravating and mitigating factors. Defendant also argues that the ...

docket:	a3033-13
court:	NJ Superior Court Appellate Division
decided:	2015-09-04
status:	unpublished
citation:
Document Size:	32069

1647 STATE OF NEW JERSEY v. CLAYON GODFREY -- rank: 511

... The judge then reviewed the aggravating and mitigating factors of N.J.S.A. 2C:44-1(a) and (b). He found the aggravating factors to be ... of the defendant's conduct induced or facilitated its commission." N.J.S.A. 2C:44-1(b)(3); -1(b)(4); -1(b)(5). A sentencing ... the basis of finding aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3); -1(a)(6); -1(a)(9). However, aggravating ...

docket:	a0359-11
court:	NJ Superior Court Appellate Division
decided:	2012-10-17
status:	unpublished
citation:
Document Size:	26692

1648 STATE OF NEW JERSEY v. RONALD J. TALLEY -- rank: 511

... must consider specifically enumerated aggravating and mitigating circumstances identified by N.J.S.A. 2C:44-1(a) and (b). State v. Abdullah , 184 N.J. 497 ... another offense, his prior record, and the need for deterrence. N.J.S.A. 2C:44-1(a) (3), (6) and (9). He found two mitigating factors ... defendant did not contemplate that his conduct would cause harm. N.J.S.A. 2C:44-1(b) (1) and (2). Defendant argues that the judge failed ...

docket:	a3261-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-23
status:	unpublished
citation:
Document Size:	24916

1649 STATE OF NEW JERSEY v. JOSEPH BUNDY, JR. -- rank: 511

... s conduct was the result of circumstances unlikely to recur. [ N.J.S.A. 2C:44-1(b)(3)-(8)]. 6 The trial judge concluded that "[t ...

docket:	a3222-14
court:	NJ Superior Court Appellate Division
decided:	2017-05-09
status:	unpublished
citation:
Document Size:	38238

1650 STATE OF NEW JERSEY v. NICHOLAS J. ST. JOHN -- rank: 511

... found the following aggravating factors: 'defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), and 'the need for deterring the defendant and others from violating the law[,]' N.J.S.A. 2C:44-1(a)(9). He also found mitigating factor seven, N.J.S.A. 2C:44- 1(b)(7), that 'defendant has no prior history of prior ...

docket:	a3146-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-04
status:	Unpublished
citation:
Document Size:	21081