Search Rutgers Law Library N.J. Court Opinions

1756 STATE OF NEW JERSEY v. THOMAS T. JONES -- rank: 499

... address his sentence. At sentencing, the judge found aggravating factor N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... for the same offense. The judge also found aggravating factor N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... The judge rejected defendant's request to find mitigating factor N.J.S.A. 2C:44-1(b)(1), "[t]he defendant's conduct neither caused nor threatened serious harm," and mitigating factor N.J.S.A. 2C:44-1(b)(2) "[t]he defendant did not contemplate that his ...

docket:	a3139-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-25
status:	unpublished
citation:
Document Size:	21408

1757 STATE OF NEW JERSEY v. MANFRED J. YOUNGER -- rank: 497

... three, the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); factor six, the 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 factor nine, the need for deterring the defendant and others from violating the law. N.J.S.A. 2C:44-1(a)(9). As to factor three, the court noted defendant ...

docket:	a0805-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-11
status:	unpublished
citation:
Document Size:	83725

1758 STATE OF NEW JERSEY v. ALI SADDIE MORGANO -- rank: 497

... reconsideration motion pointed to the then recently passed mitigating factor, N.J.S.A. 2C:44-1(b)(14), requiring a sentencing court to consider a defendant ... an abuse of discretion. Finally, our Supreme Court recently held N.J.S.A. 2C:44-1(b)(14) does not apply retroactively, except in cases where ... 7 was merely amended to correct an illegality. Even if N.J.S.A. 2C:44-1(b)(14) applied here, the sentencing record reveals the court ...

docket:	a2091-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-07
status:	Unpublished
citation:
Document Size:	15252

1759 STATE OF NEW JERSEY v. JOSE R. RIVERA -- rank: 497

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record ... seriousness of the offenses of which he had been convicted, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court determined that the aggravating factors substantially ...

docket:	a6286-11
court:	NJ Superior Court Appellate Division
decided:	2014-06-10
status:	unpublished
citation:
Document Size:	17318

1760 STATE OF NEW JERSEY v. TYRONE JACKSON -- rank: 497

... merged defendant's convictions for sentencing purposes, found aggravating factors N.J.S.A. 2C:44-1(a)(3), (6) and (9) and no mitigating factors, without ...

docket:	a0208-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-30
status:	Unpublished
citation:
Document Size:	19134

1761 /usr/local/share/www/libweb/collections/courts/appellate/a3957-18.opn.html -- rank: 497

... health issues and argued for application of mitigating factor four, N.J.S.A. 2C:44-1(b)(4). 5 In support of his 4 As noted ... Stevens, No. A-004576-14 (slip op. at 1). 5 N.J.S.A. 2C:44-1(b)(4) establishes a mitigating sentencing factor where '[t]here ...

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Document Size:	17369

1762 /usr/local/share/www/libweb/collections/courts/appellate/a3164-20.opn.html -- rank: 497

... State, made findings concerning the aggravating and mitigating factors under N.J.S.A. 2C:44-1, and noted defendant's arrest on other charges following the ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	34071

1763 STATE OF NEW JERSEY v. ANDREAS MOTLEY -- rank: 497

... contended the court placed insufficient weight upon mitigating factors twelve, N.J.S.A. 2C:44-1(b)(12) (willingness of the defendant to cooperate with law enforcement authorities), and thirteen, N.J.S.A. 2C:44-1(b)(13) (the conduct of a youthful defendant was substantially ... was that it was not to consider aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstance of the offense), and two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the ...

docket:	a1233-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-27
status:	unpublished
citation:
Document Size:	16484

1764 STATE OF NEW JERSEY v. ALMON TAYLOR, JR -- rank: 497

... looked to the aggravating and mitigating sentencing factors set forth N.J.S.A. 2C:44-1 for guidance. He weighed aggravating factor three, the risk defendant would commit another offense, "very, very strongly against" defendant. N.J.S.A. 2C:44-1(a)(3). Because defendant had picked up three DWIs over ... factor six, the extent and seriousness of the prior offenses. N.J.S.A. 2C:44-1(a)(6). Finally, the judge found a strong need to deter defendant. N.J.S.A. 2C:44-1(a)(9). Because prior license suspensions had not worked, the ...

docket:	a0711-12
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	unpublished
citation:
Document Size:	23981

1765 STATE OF NEW JERSEY v. TYRONE NESMITH -- rank: 497

... 43-6(f). Accordingly, after the trial judge considered the N.J.S.A. 2C:44-1 statutory factors, he sentenced defendant on count three to a ...

docket:	a5213-08
court:	superior court appellate division
decided:	2010-11-05
status:	unpublished
citation:
Document Size:	24855

1766 STATE OF NEW JERSEY v. SERGIO A. GOMEZ -- rank: 497

... term. The court found aggravating factors three, six and nine, N.J.S.A. 2C:44-1(a)(3), (6), (9), which outweighed mitigating factor ten, N.J.S.A. 2C:44-1(b)(10). Defendant was resentenced in November 2004 and December ...

docket:	a2115-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-31
status:	unpublished
citation:
Document Size:	38218

1767 STATE OF NEW JERSEY v. GABRIEL A. TORRES -- rank: 497

... 20 4 ultimately found aggravating factors three, six, and nine. N.J.S.A. 2C:44- 1(a)(3), (6), and (9). He further found no mitigating ... did not exist to excuse or justify defendant's conduct. N.J.S.A. 2C:44-1(b)(3). The PCR court noted defendant was awarded 469 ...

docket:	a1787-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:	Unpublished
citation:
Document Size:	21903

1768 STATE OF NEW JERSEY v. DAN MCCALLUM, a/k/a DAN MCCALLUM JR., a/k/a DAN E MCCALLAM, a/k/a DAN F. MCCALLUM, a/k/a DANIEL F MC CALLUM, a/k/a FRANK MCCALLUM a/k/a JAMES GILDER a/k/a DARRIM SMITH, a/k/a MIKE SMITH, a/k/a KAHLIF TAREK, a/k/a DARREN SMITH a/ -- rank: 497

... ample grounds to find aggravating factors three, six and nine. N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense ...

docket:	a3098-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	44777

1769 STATE OF NEW JERSEY v. RICHARD TUBENS -- rank: 495

... respectively, defendant's conduct neither caused nor threatened serious harm, N.J.S.A. 2C:44-1(b)(1), and defendant did not contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). Defendant's argument is meritless. We doubt that ... and therefore the judge's finding of aggravating factor three, N.J.S.A. 2C:44-1(a)(3), was improper. This argument is meritless. Obviously, an ... deficient because she failed to argue that mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), the lack of any prior record, was applicable ...

docket:	a4194-08
court:	NJ Superior Court Appellate Division
decided:	2010-11-17
status:	unpublished
citation:
Document Size:	49706

1770 STATE OF NEW JERSEY v. MARCELINO GARCIA -- rank: 495

... convictions. The sentencing judge found aggravating factors three and nine. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); and (a)(9 ... and others). She also found mitigating factors six and seven. N.J.S.A. 2C:44-1(b)(6) (defendant would be compensating his victims through restitution ... should have found mitigating factors three, nine and twelve. See N.J.S.A. 2C:44-1(b)(3) (defendant acted under a strong provocation, that is ...

docket:	a0360-17
court:	NJ Superior Court Appellate Division
decided:	2018-12-03
status:	Unpublished
citation:
Document Size:	21477