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196 STATE OF NEW JERSEY v. KENNETH K. GUMBS -- rank: 707

... because the judge misapplied the aggravating and mitigating factors under N.J.S.A. 2C:44-1. We are not persuaded. N.J.S.A. 2C:43 ... the sentence on aggravating factors three, six, nine, and eleven, N.J.S.A. 2C:44-1(3), (6), (9), (11), and found no mitigating factors. Defendant ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." State v. Roth , 95 N.J. 334 ... 72. The record supports the finding of aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will reoffend, aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record, and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need to deter. Defendant's claim ...

docket:	a5148-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-07-20
status:	Published
citation:
Document Size:	57331

197 STATE OF NEW JERSEY v. LENROY LAURANCE -- rank: 707

... factors one, three, five, six, nine and thirteen applied. See N.J.S.A. 2C:44-1(a)(1) (the nature and circumstance of the offense and ... urge that the judge find any specific mitigating factors. See N.J.S.A. 2C:44-1(b). Addressing issues of merger, the judge determined that the ... mitigating sentencing factors, and concluded aggravating factors one, two, see N.J.S.A. 2C:44-1(a)(2) ("[T]he gravity and seriousness of the harm ... at the time of the crime." Id. at 611 (citing N.J.S.A. 2C:44-1(a)(2)). It suffices to say that the judge carefully ...

docket:	a3696-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-07
status:	unpublished
citation:
Document Size:	94640

198 STATE OF NEW JERSEY v. NATHANIEL YOUNG, JR. -- rank: 707

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ... sentencing defendant, the judge found the following aggravating factors: three, N.J.S.A. 2C:44-1(a)(3) ('The risk that the defendant will commit another offense'); six, N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ... the offenses of which he has been convicted'); and nine, N.J.S.A. 2C:44-1(a)(9) ('The need for deterring the defendant and others ... the time of the offense even though the amendment to N.J.S.A. 2C:44-1(b)(14) was not enacted at the time defendant was ...

docket:	a2661-18
court:	NJ Superior Court Appellate Division
decided:	2022-12-07
status:	Unpublished
citation:
Document Size:	82972

199 STATE OF NEW JERSEY v. JAMES BUCKNER -- rank: 707

... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a) (3), (6) & (9). In this regard, the court properly ... argues that the court failed to apply one mitigating factor, N.J.S.A. 2C:44-1(b)(7), that he had led a law-abiding life ...

docket:	a0630-12
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	published
citation:	437 N.J.Super. 8 96 A.3d 261
Document Size:	151235

200 STATE OF NEW JERSEY v. T.J.D. -- rank: 707

... are excessive. Here, the trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense and the ... committed in an especially heinous, cruel or depraved manner); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted on the victim); three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); four, N.J.S.A. 2C:44-1(a)(4) (lesser sentence will minimize the seriousness of the ... took advantage of a position of trust or confidence); 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 ...

docket:	a0041-10
court:	NJ Superior Court Appellate Division
decided:	2012-10-11
status:	unpublished
citation:
Document Size:	60317

201 /usr/local/share/www/libweb/collections/courts/appellate/a2840-18.opn.html -- rank: 704

... made findings regarding the applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and N.J.S.A. 2C:44-1(b). The judge found one aggravating factor nine (the need ... conclude that the judge did not provide any explanation under N.J.S.A. 2C:44- -1(d) addressing the 'serious injustice' exception to the presumption of ... 2840-18T1 7 incarceration for a second-degree crime under N.J.S.A. 2C:44-1(d). Because the 'serious injustice' exception to the presumption of ... the offender,' such as applicable aggravating and mitigating factors under N.J.S.A. 2C:44-1 and the likelihood of the defendant's conviction at trial ... degree' to permit the State to contest the sentence imposed. N.J.S.A. 2C:44-1(f)(2). '[E]xecution of [a] sentence shall be ...

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202 STATE OF NEW JERSEY v. DYQUISE V. LEONARD -- rank: 704

... appeal, defendant challenges his sentence on the sole basis that N.J.S.A. 2C:44-1(b)(14), recently enacted by the Legislature and which requires ... for deterring the defendant and others from violating the law. N.J.S.A. 2C:44- 1(b)(3), (6), (9). The court also applied mitigating factor ... willingness of the defendant to cooperate with law enforcement authorities. N.J.S.A. 2C:44- 1(b)(12). As to the CDS charge, the court found ... FOR RESENTENCING. 1. The October 19, 2020, Statutory Amendment to N.J.S.A. 2C:44-1(b)'s List of Mitigating Factors. 2. Defendant and Similarly ... and a Remand is Practicable. POINT II THE AMENDMENT TO N.J.S.A. 2C: 44-1(b) SHOULD BE APPLIED TO DEFENDANT'S PENDING APPEAL UNDER ... new sentencing criteria. We also reject defendant's contention that N.J.S.A. 2C:44- 1(b)(14) is a 'mere matter of practice' or ...

docket:	a3367-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-12
status:	Unpublished
citation:
Document Size:	37772

203 /usr/local/share/www/libweb/collections/courts/appellate/a1136-17.opn.html -- rank: 704

... find aggravating factor one ('nature and circumstances of the offense'), N.J.S.A. 2C:44-1(a)(1), noting that it was Charles who 'held the ... one ('defendant's conduct neither caused nor threatened serious harm'), N.J.S.A. 2C:44-1(b)(1); two ('defendant did not contemplate that his conduct would cause or threaten serious harm'), N.J.S.A. 2C:44-1(b)(2); and seven ('defendant has no history of prior delinquency or criminal activity'), N.J.S.A. 2C:44- 1(b)(7). Charles, who was twenty-five years old when ... The court found that aggravating factor nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9), outweighed mitigating factor seven ('no history of prior delinquency or criminal activity'), N.J.S.A. 2C:44-1(b)(7). (Da13). The court did not find aggravating ...

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204 A-0STATE OF NEW JERSEY v. JAMES ROYAL -- rank: 704

... t]he risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); "[t]he extent of the defendant's prior criminal record and the seriousness of" his latest convictions, 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 judge rejected defendant's argument that mitigating ... factor four applied, based upon defendant's childhood traumas. See N.J.S.A. 2C:44-1(b)(4) ("[t]here were substantial grounds tending to excuse ... sustained, or will participate in a program of community service," N.J.S.A. 2C:44-1(b)(6), applied to a degree because defendant would be ... defendant would entail excessive hardship to himself or his dependents." N.J.S.A. 2C:44-1(b)(11). The judge concluded that the aggravating factors ...

docket:	a3432-09
court:	NJ Superior Court Appellate Division
decided:	2014-07-07
status:	unpublished
citation:
Document Size:	84445

205 STATE OF NEW JERSEY v. CHRISTOPHER DENT -- rank: 704

... file, okay." The judge found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); (a)(9) (the ... deter). The judge also found mitigating factors seven and eleven, N.J.S.A. 2C:44-1(b)(7) (lack of prior criminal activity); (b)(11) (imprisonment ... State to appeal a sentence imposed upon a defendant. Compare N.J.S.A. 2C:44-1(f)(2) (providing for the State to appeal a sentence ... from a second-degree to a third-degree crime. See N.J.S.A. 2C:44-1(f)(2) (providing that when a defendant is convicted of ...

docket:	a6253-11
court:	New Jersey Superior Court Appellate Division
decided:	2014-09-05
status:	Published
citation:
Document Size:	86449

206 STATE OF NEW JERSEY v. DAVID HENRY -- rank: 704

... In determining the sentence, the judge found one aggravating factor, N.J.S.A. 2C:44-1(a)(9), the need to deter David and others, and one mitigating factor, N.J.S.A. 2C:44-1(b)(7), that David had no prior criminal record. The ... also argues that the judge failed to apply mitigating factors N.J.S.A . 2C:44-1(b)(8) and (9), and considered factors outside of the ... his findings and balancing of the mitigating and aggravating factors, N.J.S.A. 2C:44-1(a) and (b), as follows: Now, frankly, would I like ... defendant indicate that he is unlikely to commit another offense." N.J.S.A . 2C:44-1(b)(9). He gave two reasons for his decision. One ... conduct to warrant exclusion of mitigating factors eight and nine. N.J.S.A . 2C:44-1(b)(8) and (9). The second reason related to ...

docket:	a5663-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-15
status:	unpublished
citation:
Document Size:	109101

207 STATE OF NEW JERSEY v. JOCELYN DAHTA -- rank: 704

... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent and seriousness of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factor nine, the ... defendant indicate it is unlikely she will commit another offense, N.J.S.A. 2C:44-1(b)(9), based on its determination there 'is hope' for ... conviction reflected that the court also found mitigating factors four, N.J.S.A. 2C:44-1(b)(4) and five, N.J.S.A. 2C:44- 1(b)(5). The court later amended the judgment of ...

docket:	a1795-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-28
status:	Unpublished
citation:
Document Size:	39398

208 STATE OF NEW JERSEY v. WILLIAM SILVI -- rank: 704

... for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(3), (6) and (9). Noting the "amount of proceeds ... of the offense, and the role of the actor therein," N.J.S.A. 2C:44-1(a)(1). He found no mitigating factors. Further noting there ... failing to find mitigating factors four, five and eight. See N.J.S.A. 2C:44-1(b)(4) ("There were substantial grounds tending to excuse or ...

docket:	a3905-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	56210

209 STATE OF NEW JERSEY v. LASHAWN FITCH -- rank: 704

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a4828-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-17
status:	Unpublished
citation:
Document Size:	123481

210 STATE OF NEW JERSEY v. JAMES GRATE -- rank: 702

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3), (5) and (9). The judge found no mitigating ... contemplate that his conduct would cause or threaten serious harm). N.J.S.A. 2C:44-1(b)(1) and (2). We do not agree. We are ... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(3),(5), (6) and (9). The judge found no ...

docket:	a5757-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-29
status:	unpublished
citation:
Document Size:	68186