Search Rutgers Law Library N.J. Court Opinions

1846 STATE OF NEW JERSEY v. JACOB LLERA -- rank: 484

... Governor signed legislation establishing a statutory mitigating factor, codified at N.J.S.A. 2C:44-1(b)(14), when the defendant was 20 A-2131-18 ...

docket:	a2131-18
court:	NJ Superior Court Appellate Division
decided:	2021-08-25
status:	Unpublished
citation:
Document Size:	47576

1847 /usr/local/share/www/libweb/collections/courts/appellate/a4095-17.opn.html -- rank: 484

... prison pursuant to NERA. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk that he would reoffend because defendant was still using alcohol, and nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence, as well as mitigating factors seven, N.J.S.A. 2C:44-1(b)(7), that he had no prior criminal record, and ...

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Document Size:	11811

1848 STATE OF NEW JERSEY v. THOMAS REED -- rank: 484

... considered his prior record again when finding aggravating factor six. N.J.S.A. 2C:44-1(a)(6). An appellate court applies 'a deferential standard of ... record, and nine, the need to deter defendant and others. N.J.S.A. 2C:44-1(a)(3), (6) and (9). The court focused on defendant ...

docket:	a5048-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-15
status:	Unpublished
citation:
Document Size:	15738

1849 STATE OF NEW JERSEY v. CURT ALEXANDER -- rank: 484

... there was a risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), as well as the need to deter defendant and others from the commission of crimes, N.J.S.A. 2C:44-1(a)(9). In mitigation, the court found only defendant's lack of a prior criminal conviction history. See N.J.S.A. 2C:44-1(b)(7). The record contained ample support for the finding ...

docket:	a5623-09
court:	NJ Superior Court Appellate Division
decided:	2012-02-06
status:	unpublished
citation:
Document Size:	24633

1850 STATE OF NEW JERSEY v. JOHNSLER ERTILIEN -- rank: 484

... A PRESUMPTION AGAINST INCARCERATION AS A FIRST TIME OFFENDER UNDER N.J.S.A. 2C:44-1, AS TO MAKE ITS REJECTION INVOLUNTARY. POINT III. THE TRIAL ...

docket:	a2501-15
court:	NJ Superior Court Appellate Division
decided:	2017-06-27
status:	unpublished
citation:
Document Size:	24110

1851 STATE OF NEW JERSEY v. RICHARD BARGE -- rank: 484

... find mitigating factor (5), (that the victim induced its commission, N.J.S.A. 2C:44-1(b)(5)), by shooting defendant several weeks prior to his ...

docket:	a4970-09
court:	NJ Superior Court Appellate Division
decided:	2012-11-26
status:	unpublished
citation:
Document Size:	55254

1852 STATE OF NEW JERSEY v. ERICK R. GENTNER -- rank: 484

... two aggravating factors: the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court additionally identified two mitigating factors: there ... were substantial grounds to excuse or justify defendant's conduct, N.J.S.A. 2C:44-1(b)(4); and the defendant was willing to make restitution, N.J.S.A. 2C:44-1(b)(6). After merging count two into count one, the ...

docket:	a2932-10
court:	NJ Superior Court Appellate Division
decided:	2013-09-04
status:	unpublished
citation:
Document Size:	21764

1853 STATE OF NEW JERSEY v. ANDRE WILLIAMS -- rank: 484

... relevant: (1) the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); (2) the extent of defendant's prior record ... the prior offenses for which he had previously been convicted, N.J.S.A. 2C:44-1(a)(6); and (3) the need to deter defendant and others from engaging in further violations of the law, N.J.S.A. 2C:44-1(a)(9). The judge also considered, in mitigation, that only ...

docket:	a1178-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-10
status:	unpublished
citation:
Document Size:	26506

1854 STATE OF NEW JERSEY v. HUMMLER ETIENNE -- rank: 484

... a law-abiding life for a substantial period of time), N.J.S.A. 2C:44-1(b) (1), (2), and (7). Defendant contends had these factors ...

docket:	a4597-11
court:	NJ Superior Court Appellate Division
decided:	2104-12-16
status:	unpublished
citation:
Document Size:	54481

1855 STATE OF NEW JERSEY v. ABDUL WARD -- rank: 484

... aggravating factors three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); five, the substantial likelihood defendant is involved in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); six, the extent of the defendant's prior ... of the offenses of which the defendant has been convicted , N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9), and no mitigating factors. Defense counsel argued against ... nine, failing to argue in favor of mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (willingness to cooperate with law enforcement), as well ... sentenced as if to a second-degree crime pursuant to N.J.S.A. 2C:44-1(f)(2), and that his appellate counsel was also ...

docket:	a3078-19
court:	NJ Superior Court Appellate Division
decided:	2022-08-04
status:	Unpublished
citation:
Document Size:	13295

1856 STATE OF NEW JERSEY v. L.W. -- rank: 484

... need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(3), (6), (9), and found no mitigating factors. N.J.S.A. 2C:44-1(b). She determined that the aggravating factors outweighed the nonexistent ...

docket:	a2405-11
court:	NJ Superior Court Appellate Division
decided:	2013-10-15
status:	unpublished
citation:
Document Size:	43084

1857 STATE OF NEW JERSEY v. LEONARD K. JOHNSON -- rank: 484

... three, six, and nine, and in mitigation factor seven. See N.J.S.A. 2C:44-1. As the judge said, at age fifty-three, defendant had ...

docket:	a2312-17
court:	NJ Superior Court Appellate Division
decided:	2020-01-13
status:	Unpublished
citation:
Document Size:	37981

1858 STATE OF NEW JERSEY v. RENANDO SHEFFIELD -- rank: 484

... 155 , 169 (2006); Dunbar , supra , 108 N.J. at 89; N.J.S.A. 2C:44-1(f)(1). We find the court applied the appropriate standards ...

docket:	a1478-13
court:	NJ Superior Court Appellate Division
decided:	2017-03-28
status:	unpublished
citation:
Document Size:	89555

1859 STATE OF NEW JERSEY v. JOAQUIN A. LINARES -- rank: 484

... for sentencing of that particular crime.' Id. at 608. 1 N.J.S.A. 2C:44-1 (a)(2) provides: The gravity and seriousness of harm inflicted ... for deterring the defendant and others from violating the law. . .' N.J.S.A. 2C:44-1(a)(9). A-1883-21 13 In this case, in ...

docket:	a1883-21
court:	NJ Superior Court Appellate Division
decided:	2024-02-12
status:	Unpublished
citation:
Document Size:	30993

1860 STATE OF NEW JERSEY v. V.F. -- rank: 482

... 2) "[t]he need [to deter] the defendant and others," N.J.S.A. 2C:44-1(a)(2); -(9). On the opposite side of the sentencing ... one mitigating factor: defendant's lack of prior criminal history, N.J.S.A. 2C:44-1(b)(7). Concluding that the two aggravating factors preponderated over ...

docket:	a4076-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-18
status:	unpublished
citation:
Document Size:	38729