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1786 STATE OF NEW JERSEY v. DAMARY DIAZ -- rank: 493

... of organized criminal activity; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), (5), and (9). The court adequately identified the ... factor seven, that defendant lacked a significant prior criminal history, N.J.S.A. 2C:44- 1(b)(7), but gave that factor only 'slight weight' because ...

docket:	a1604-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-01
status:	Unpublished
citation:
Document Size:	35049

1787 STATE OF NEW JERSEY v. LUIS A. MAISONET -- rank: 493

... he requested, namely mitigating factors three, four, seven and eleven. N.J.S.A. 2C:44-1(b)(3), (4), (7) and (11). The record reflects that ...

docket:	a3513-17
court:	NJ Superior Court Appellate Division
decided:	2019-05-31
status:	Unpublished
citation:
Document Size:	24653

1788 /usr/local/share/www/libweb/collections/courts/appellate/a5380-18.opn.html -- rank: 493

... the judge applied aggravating factor two. As set forth in N.J.S.A. 2C:44-1(a)(2), a sentencing judge should consider: [t]he gravity ... s request that the sentencing judge apply aggravating factor two, N.J.S.A. 2C:44-1(a)(2), in determining his sentence. Defendant alleged that this ... normal physical or mental power of resistance' as required by N.J.S.A. 2C:44-1(a)(2). We disagree with the PCR judge's determination ...

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1789 STATE OF NEW JERSEY v. RAVON FREEMAN -- rank: 493

... The court must consider all of the Yarbough guidelines. 15. N.J.S.A. 2C:44-1(a)(3),(6) and (9) were warranted to a modification resentencing pursuant to Natale . 16. N.J.S.A. 2C:44-1(b)(1) and (2) were clearly applicable mitigating factors. The ... court erred in ruling that no mitigating factors existed. 17. N.J.S.A. 2C:44-1(f)(1) provided for a presumptive sentence of (9) months ...

docket:	a1628-11
court:	NJ Superior Court Appellate Division
decided:	2014-01-07
status:	published
citation:
Document Size:	27309

1790 STATE OF NEW JERSEY v. TARIQ K. AYRES -- rank: 493

... reasonably found that aggravating factors three, six and nine under N.J.S.A. 2C:44-1(a) applied here, and no mitigating factors under N.J.S.A. 2C:44-1(b). We reject defendant's argument that aggravating factor three ... attitude of a defendant indicative he is unlikely to reoffend, N.J.S.A. 2C:44-1(b)(9). Although defendant expressed remorse about his past behavior ...

docket:	a3207-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-23
status:	Unpublished
citation:
Document Size:	24424

1791 STATE OF NEW JERSEY v. STEVEN ALAN JACKSON -- rank: 493

... nineteen convictions in considering the aggravating and mitigating factors under N.J.S.A. 2C:44-1. We disagree. We conclude that the judge's findings as ...

docket:	a4244-09
court:	NJ Superior Court Appellate Division
decided:	2012-11-19
status:	unpublished
citation:
Document Size:	31523

1792 STATE OF NEW JERSEY v. RICHARD ROCHE -- rank: 493

... offense and therefore entitled to an additional mitigating factor under N.J.S.A. 2C:44-1(b)(14). He further sought an order transferring him to ... has amended a statute to now provide that pursuant to N.J.S.A. 2C:44-1.b[](14) The defendant was under [twenty-six] years of ... and is therefore entitled to an additional mitigating factor under N.J.S.A. 2C:44-1(b)(14). While this appeal was pending, our Supreme Court ...

docket:	a2135-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-18
status:	Unpublished
citation:
Document Size:	15026

1793 STATE OF NEW JERSEY v. LEROY A. WEEKS -- rank: 493

... defendant, the court addressed aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b). The court did not grant the State ...

docket:	a0629-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-08
status:	Unpublished
citation:
Document Size:	30373

1794 STATE OF NEW JERSEY v. NAJEE KELSEY -- rank: 493

... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3), "[p]rimarily because of the level of rage ... seriousness of the offenses of which he has been convicted." N.J.S.A. 2C:44-1(a)(6). As to aggravating factor nine, "[t]he need ... for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9), the judge found it was "as high as ...

docket:	a3891-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	47209

1795 STATE OF NEW JERSEY v. P.C. -- rank: 493

... must consider specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... prior record, and the need for general and specific deterrence. N.J.S.A. 2C:44-1(a)(3), (6) and (9). Defendant had a prior federal ... defendant will pay compensation for injury incurred by the victims. N.J.S.A. 2C:44-1(b)(6). Judge Carroll did not abuse his discretion in ... six: that defendant took advantage of a position of trust. N.J.S.A. 2C:44-1(a)(4). This archive is a service of Rutgers School ...

docket:	a1793-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-17
status:	unpublished
citation:
Document Size:	46559

1796 STATE OF NEW JERSEY v. R.H. -- rank: 493

... factors. He did find aggravating factors three, six, and nine. N.J.S.A. 2C:44-1(a)(3), (6), (9). Because he had relied upon the ...

docket:	a3699-12
court:	NJ Superior Court Appellate Division
decided:	2015-07-23
status:	unpublished
citation:
Document Size:	36564

1797 STATE OF NEW JERSEY v. RICHARD C. HOLMES -- rank: 493

... found three aggravating factors: the risk that defendant will reoffend, N.J.S.A. 2C:44-1(a)(3); his prior criminal history and the seriousness of prior offenses, N.J.S.A. 2C:44-1(a)(6); and the need to deter him and others from violating the law, N.J.S.A. 2C:44-1(a)(9). No mitigating factors were found. We note that ...

docket:	a2541-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-17
status:	unpublished
citation:
Document Size:	49179

1798 /usr/local/share/www/libweb/collections/courts/appellate/a3597-18.opn.html -- rank: 493

... and that the court should have found mitigating factor four (N.J.S.A. 2C:44-1(b)(4): 'There were substantial grounds tending to excuse or ...

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1799 STATE OF NEW JERSEY v. JIMMAR S. ROBINSON -- rank: 493

... report. The court found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a), but did not "weigh [factor six] heavily." After analyzing ... and gave "partial credit" to mitigating factors six and twelve. N.J.S.A. 2C:44-1(b). II. Against this record, defendant appeals raising the following ...

docket:	a1788-13
court:	NJ Superior Court Appellate Division
decided:	2015-04-24
status:	unpublished
citation:
Document Size:	23750

1800 STATE OF NEW JERSEY Cross- v. TRAVIS TOWNSEND -- rank: 493

... that the trial judge erred in finding aggravating factor eleven, N.J.S.A. 2C:44-1(a)(11) (stating that imposition of a fine or penalty ... v. Dalziel , 182 N.J. 494 , 502 (2005) (indicating that N.J.S.A. 2C:44-1(a)(11) is "[b]y its very terms . . . inapplicable unless ...

docket:	a4488-06
court:	superior court appellate division
decided:	2010-12-17
status:	Unpublished
citation:
Document Size:	35654