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31 STATE OF NEW JERSEY v. ZAKRY S. SHIVERS -- rank: 810

... years of age at the time the crime was committed, N.J.S.A. 2C:44-1(b)(14). Unpersuaded by defendant's arguments, we affirm. I ... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44- 1(b)(14), AND BECAUSE THE TRIAL COURT ERRED IN FAILING ... in its assessment of the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b), and had the court properly found and ... range for a crime one-degree lower as permitted under N.J.S.A. 2C:44-1(f)(2). We consider the arguments in turn. The court ... years). The following year, the Legislature enacted an amendment to N.J.S.A. 2C:44-1(b), adding a fourteenth mitigating factor, '[t]he defendant was ... c. 110 § 1, eff. Oct. 19, 2020 (codified at N.J.S.A. 2C:44-1(b)(14)). Defendant argues that although the amendment was ...

docket:	a5454-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-15
status:	Unpublished
citation:
Document Size:	72505

32 State of New Jersey v. James W. Robinson -- rank: 806

... aggravating factors applied: the risk defendant might commit another crime, N.J.S.A. 2C:44-1(a)(3); the extent of defendant’s previous criminal record and serious offenses of which he has 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 found no mitigating factors. The trial ... presumption of imprisonment for all first and second degree offenses, N.J.S.A. 2C:44-1(d); a list of specific aggravating and mitigating factors to be considered in sentencing, N.J.S.A. 2C:44-1(a), (b); a list of authorized sentencing dispositions, N.J ...

docket:	A-20-12
court:	NJ Supreme Court
decided:	2014-06-05
status:
citation:	217 N.J. 594 92 A.3d 656
Document Size:	80418

33 /usr/local/share/www/libweb/collections/courts/appellate/a2965-18.opn.html -- rank: 803

... further contends the record did not support the aggravating factors, N.J.S.A. 2C:44-1(a), found by the trial court and that the trial ... imposed consecutive sentences. The trial judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the likelihood of reoffense, highlighting Lopez's lack ... weight the trial judge accorded that factor, aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the sentence appears appropriate. The trial judge based ... years subject to NERA. Rosario argues that the mitigating factors, N.J.S.A. 2C:44- 1(b), outweighed the aggravating, N.J.S.A. 2C:44-1(a), and that he therefore should have been sentenced to ... one degree lower. He further argues that aggravating factor three, N.J.S.A. 2C:44-1(a)(3), lacked support in the record because he ...

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34 STATE OF NEW JERSEY v. JOSEPH S. MACCHIA -- rank: 801

... BEEN SENTENCED TO A SENTENCE ONE DEGREE LOWER PURSUANT TO [ N.J.S.A.] 2C:44- 1[(F)](2) AND SENTENCED TO THE MINIMUM TERM PERMISSIBLE. We ...

docket:	a5473-17
court:	NJ Superior Court Appellate Division
decided:	2021-10-04
status:	Unpublished
citation:
Document Size:	131308

35 STATE OF NEW JERSEY v. ABNER RODRIGUEZ -- rank: 797

... weighing the applicable aggravating and mitigating circumstances set forth in N.J.S.A. 2C:44-1 (a) and (b),6 the prosecutor concluded that the interests ... offender, including those aggravating and mitigating circumstances set forth in N.J.S.A. 2C:44-1.' Id. at 12. A-3586-19T4 6 court reasoned that ... a presumption of non-incarceration, i.e., probation, pursuant to N.J.S.A. 2C:44-1(e). Under the revised statute, those persons are subject to ... of imprisonment that applies to second-degree convictions pursuant to N.J.S.A. 2C:44-1(d). The 2007 amendment also added N.J.S.A ... and mitigating A-3586-19T4 19 circumstances set forth in N.J.S.A. 2C:44-1. The prosecuting agency may also take into account the likelihood ... factor three—the risk that defendant will commit another offense. N.J.S.A. 2C:44-1(a)(3). This determination was based on defendant's ...

docket:	a3586-19
court:	NJ Superior Court Appellate Division
decided:	2021-01-25
status:	Published
citation:
Document Size:	111045

36 STATE OF NEW JERSEY v. IVAN FIGUEROA -- rank: 797

... correctly considered and applied the aggravating and mitigating factors under N.J.S.A. 2C:44-1, and defendant does not argue otherwise. See State v. Torres ... t]he risk that the defendant will commit another offense,' N.J.S.A 2C:44-1(a)(3), because defendant had 'numerous' 'violations of' 'domestic violence ... of the offenses of which the defendant has been convicted,' N.J.S.A. 2C:44-1(a)(6), because defendant has 'a horrendous criminal record' of ... and A-2589-19 42 others from violating the law,' N.J.S.A. 2C:44-1(a)(9), applied because defendant 'needs to be deterred' by ...

docket:	a2589-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-06
status:	Unpublished
citation:
Document Size:	83549

37 STATE OF NEW JERSEY v. DANUWELI M. KELLER -- rank: 792

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:	a1623-17
court:	NJ Superior Court Appellate Division
decided:	2021-12-10
status:	Unpublished
citation:
Document Size:	141794

38 STATE OF NEW JERSEY VS. EBENEZER BYRD, JERRY J. SPRAULDING, AND GREGORY A. JEAN-BAPTISTE -- rank: 790

Original 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 and ...

docket:	a4941-18a5095-18a1452-19
court:	appellate
decided:	2024-05-16
status:	Unpublished
citation:
Document Size:	198756

39 STATE OF NEW JERSEY v. WANDA ANTHONY -- rank: 790

... its discretion by refusing to sentence defendant in accordance with N.J.S.A. 2C:44-1(f). That statute reads in pertinent part, A-5002-17 ... sole aggravating factor, the need to deter defendant and others. N.J.S.A. 2C:44-1(a)(9). The sentencing judge also found, however, that defendant ... satisfy the interest of justice standard. The downgrade provisions of N.J.S.A. 2C:44-1(f)(2) have been extensively construed and interpreted by case ... found the following mitigating factors: defendant acted under strong provocation, N.J.S.A. 2C:44-1(b)(3); there were substantial grounds tending to excuse or ... justify defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4); the victim of defendant's conduct induced or facilitated its commission, N.J.S.A. 2C:44-1(b)(5); defendant has no prior criminal history, N. ...

docket:	a5002-17
court:	NJ Superior Court Appellate Division
decided:	2021-03-05
status:	Unpublished
citation:
Document Size:	64367

40 /usr/local/share/www/libweb/collections/courts/appellate/a2349-19.opn.html -- rank: 786

... 1) failing to sentence her one-degree lower pursuant to N.J.S.A. 2C:44-1(f)(2) on the eluding charge and (2) imposing a ... aggravating factors and where the interest of justice demand[ed].' N.J.S.A. 2C:44-1(f)(2). Defendant contends the trial court failed to find mitigating factors one, N.J.S.A. 2C:44-1(b)(1) ('defendant's conduct neither caused nor threatened serious harm'); two, N.J.S.A. 2C:44-1(b)(2) (whether defendant 'contemplate[d] that [her] conduct would cause or threaten serious harm'); six, N.J.S.A. 2C:44-1(b)(6) (defendant 'will compensate the victim' or 'will participate in a program of community service'); eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of ...

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41 State v. Marie Hess -- rank: 784

... gravity and seriousness of harm inflicted on the victim,” N.J.S.A. 2C:44-1(a)(2), because “Mr. Hess was asleep and . . . just ... and for aggravating factor number nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). The court also found support for mitigating factor number seven, because defendant had no prior criminal record, N.J.S.A. 2C:44-1(b)(7), and mitigating factor number twelve, because of defendant’s willingness to cooperate with law enforcement authorities, N.J.S.A. 2C:44-1(b)(12). The court noted defense counsel’s agreement that ... defendant’s conduct, though failing to establish a defense.” N.J.S.A. 2C:44-1(b)(4). In addition, defense counsel did not present four ... support: “The defendant acted under a strong provocation,” N.J.S.A. 2C:44-1(b)(3); “The victim of the defendant’s ...

docket:	a-113-09
court:	superior court trial
decided:	2011-07-21
status:
citation:
Document Size:	204130

42 /usr/local/share/www/libweb/collections/courts/appellate/a3430-17.opn.html -- rank: 784

... for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44-1(a)(9). The sentencing court properly found that aggravating factor ... will commit another offense) and six (extent of criminal record). N.J.S.A. 2C:44- - 1(a)(3), (6). The record does not support defendant's ... and as a basis for finding an aggravating factor under N.J.S.A. 2C:44-1(a). See State v. Vasquez, 374 N.J. Super. 252 ... one (defendant's conduct neither caused nor threatened serious harm), N.J.S.A. 2C:44-1(a)(1). He also claims the court abused its discretion ... six (extent of criminal record); and nine (need to deter). N.J.S.A. 2C:44-1(a)(3), (6), (9). 10 The court considered but ultimately ... and twelve (willingness of defendant to cooperate with law enforcement). N.J.S.A. 2C:44- - 1(b)(1), (8), (9), (11), (12). 10 The court ...

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43 STATE OF NEW JERSEY VS. CHRISTOPHER UDELL TEETER -- rank: 784

... the judge found aggravating factors three, six, and nine. See N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge also found mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) ('circumstances [of offense] unlikely to recur'), and nine, N.J.S.A. 2C:44-1(b)(9) ('[defendant's] character and attitude . . . indicate [he or ...

docket:	a3806-19
court:	appellate
decided:	2024-04-09
status:	Unpublished
citation:
Document Size:	100940

44 STATE OF NEW JERSEY v. TERRENCE MURRELL -- rank: 781

... apply mitigating factors three, defendant acted under a strong provocation, N.J.S.A. 2C:44-1(b)(3), nine, the character and attitude of defendant indicates that defendant is unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), eleven, the imprisonment of the defendant would entail ... excessive hardship to the defendant or the defendant's dependents, N.J.S.A. 2C:44-1(b)(11) and twelve, the willingness of the defendant to cooperate with law enforcement authorities, N.J.S.A. 2C:44-1(b)(12). In support of these mitigating factors, defendant's ... factors three, the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3), six, the extent of defendant's prior criminal ... seriousness of the offenses of which defendant has been convicted, N.J.S.A. 2C:44-1(a)(6), and nine, the need for deterring defendant ...

docket:	a1960-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-18
status:	Unpublished
citation:
Document Size:	47321

45 Jersey v. James R. Denelsbeck -- rank: 781

... 6(a)(4), benefits from a presumption of non-incarceration. N.J.S.A. 2C:44-1(d), (e). No custodial term is required of a fourth ...

docket:	a-42-14
court:	New Jersey Supreme Court
decided:	2016-05-12
status:
citation:
Document Size:	212208