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331 STATE OF NEW JERSEY v. NORVIL PETERSON -- rank: 673

... plus a conditional discharge." The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (the possibility that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal record ... of offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). He found no mitigating ...

docket:	a0060-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-12
status:	unpublished
citation:
Document Size:	53402

332 STATE OF NEW JERSEY v. MARTIN E. HRONCICH -- rank: 673

... running the sentences consecutively. The judge found aggravating factors under N.J.S.A. 2C:44 1(a)(3) and (9), specifically the risk that defendant will ... the need for deterrence. The judge found mitigating factors under N.J.S.A. 2C:44 1(b)(6) and (12), specifically restitution and cooperation with law ...

docket:	a5464-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-08
status:	unpublished
citation:
Document Size:	89009

333 STATE OF NEW JERSEY v. ANNA N. TALIAFERRO -- rank: 673

... imprisonment for the purposes of general deterrence is not warranted"); N.J.S.A. 2C:44-1(f)(2) (allowing sentencing courts to downgrade convictions for sentencing ... found aggravating factors four, nine, ten, and eleven, pursuant to N.J.S.A. 2C:44-1(a). The judge applied mitigating factors five, seven, ten, and eleven, pursuant to N.J.S.A. 2C:44-1(b). Applying mitigating factor five, the judge criticized the District ... 363. Moreover, he applied the correct legal analysis pursuant to N.J.S.A. 2C:44-1(f)(2), Jarbath , and State v. Rice , 425 N.J ...

docket:	a5494-13
court:	NJ Superior Court Appellate Division
decided:	2017-05-10
status:	unpublished
citation:
Document Size:	73022

334 STATE OF NEW JERSEY v. MARK SETTE -- rank: 673

... will commit another offense); and nine (general and specific deterrence), N.J.S.A. 2C:44-1(a)(1), (2), (3), and (9),2 substantially outweighed mitigating ... 7 factor seven (defendant's lack of prior criminal activity), N.J.S.A. 2C:44- 1(b)(7). In essence, the trial judge determined consecutive sentences ... when the defendant was under the age of twenty-six), N.J.S.A. 2C:44-1(b)(14), became effective on October 19, 2020, after defendant ... tests among inmates of any prison in New Jersey.' See N.J.S.A. 2C:44-1(b)(11) (defendant's imprisonment constitutes hardship). A-0435-20 ... six when the offense was committed) was not yet enacted. N.J.S.A. 2C:44-1(b)(14). However, after the briefs in this matter were ... 2020.' Id. at 97. The Court further stated: 'We view N.J.S.A. 2C:44-1(b)(14) to apply not only to defendants sentenced ...

docket:	a0435-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-10
status:	Unpublished
citation:
Document Size:	36957

335 STATE OF NEW JERSEY v. JAIME GONZALEZ, A -- rank: 673

... resentencing because the trial judge improperly found aggravating factor one, N.J.S.A. 2C:44-1(a)(1), applicable to all of the convictions involving more ... than one victim, and failed to find mitigating factor seven, N.J.S.A. 2C:44-1(b)(7). After reviewing the record developed before the trial ... first degree attempted murder the sentencing judge found aggravating factors N.J.S.A. 2C:44-1(a)(1),(3),(8), and (9). On the conviction for ... firearm for an unlawful purpose, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(1),(3), and (9). On the conviction for third degree aggravated assault, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(1),(2),(3), and (9). On "all other counts," the judge found aggravating factors N.J.S.A. 2C:44-1(a)(3) and (9). Defendant argues the trial judge ...

docket:	a5195-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-05-13
status:	Published
citation:
Document Size:	61391

336 STATE OF NEW JERSEY v. TARIQ THOMPSON -- rank: 673

... seriousness of the offenses), and nine (the need to deter), N.J.S.A. 2C:44-1(a)(3), (6), (9), and no mitigating factors under N.J.S.A. 2C:44-1(b).9 The presentence report considered by the judge in ... as 9 While the judgment only listed two aggravating factors, N.J.S.A. 2C:44- 1(a)(3) and (9), '[t]he sentencing transcript,' which listed ... determination, the trial judge did not apply aggravating factor two, N.J.S.A. 2C:44-1(a)(2), ('gravity and seriousness of harm inflicted on the ... 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.' Case, 220 ... that the judge, in effect, improperly applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2), the 'gravity and seriousness of harm inflicted ...

docket:	a5288-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	101207

337 STATE OF NEW JERSEY v. D.D. -- rank: 673

... TRIAL COURT MISAPPLIED ITS DISCRETION IN FINDING THAT AGGRAVATING FACTORS N.J.S.A. 2C:44-1(a)(1) AND N.J.S.A. 2C:44-1(a)(2) WERE APPLICABLE. B. THE TRIAL COURT MISAPPLIED ITS ... 7.2. At sentencing, the court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) ("The nature and circumstances of the offense, and ... committed in an especially heinous, cruel, or depraved manner"); two, N.J.S.A. 2C:44-1(a)(2) ("[t]he gravity and seriousness of harm inflicted ... vulnerable or incapable of resistance due to . . . extreme youth"); three, N.J.S.A. 2C:44-1(a)(3) ("[t]he risk that the defendant will commit another offense"); six, N.J.S.A. 2C:44-1(a)(6) ("[t]he extent of the defendant’s ...

docket:	a4236-12
court:	NJ Superior Court Appellate Division
decided:	2015-12-14
status:	unpublished
citation:
Document Size:	72575

338 /usr/local/share/www/libweb/collections/courts/appellate/a3582-19.opn.html -- rank: 673

... sentencing. In October 2020, the Legislature passed an amendment to N.J.S.A. 2C:44- 1(b), adding factor fourteen, youth of the offender, to the ... especially heinous, A-3582-19 4 cruel, or depraved manner,' N.J.S.A. 2C:44-1(a)(1); two, '[t]he gravity and seriousness of harm inflicted on the victim,' N.J.S.A. 2C:44-1(a)(2); three, '[t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44- 1(a)(3); four, 'the defendant took advantage of a position of trust or confidence to commit the offense,' N.J.S.A. 2C:44-1(a)(4); and nine, '[t]he need for deterring the defendant and others from violating the law,' N.J.S.A. 2C:44- 1(a)(9). The court found mitigating factor seven, '[t] ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	15549

339 STATE OF NEW JERSEY v. FRANCIS MITCHELL -- rank: 673

... the Middlesex County matters. The court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... have defendant sentenced as a second-degree offender, pursuant to N.J.S.A. 2C:44-1(f)(2). In support of his petition, defendant submitted a ... his attorney should have sought findings on mitigating factors two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct would cause or threaten serious harm); three, N.J.S.A. 2C:44-1(b)(3) (defendant acted under a strong provocation); four, ...

docket:	a1198-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-12
status:	unpublished
citation:
Document Size:	22284

340 STATE OF NEW JERSEY v. NICHOLAS F WELCH -- rank: 673

... did not consider mitigating factors eight (circumstances unlikely to recur), N.J.S.A. 2C:44-1(b)(8), and eleven (excessive hardship), N.J.S.A. 2C:44-1(b)(11). The State argues that these mitigating factors are ... 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 ... judge did not abuse his discretion. He found aggravating factors N.J.S.A. 2C:44-1(a)(3) (risk for recidivism); N.J.S.A. 2C:44-1(a)(6) (criminal history and seriousness of crime); and N.J.S.A. 2C:44-1(a)(9) (the need for deterrence). The judge considered ...

docket:	a5950-13
court:	NJ Superior Court Appellate Division
decided:	2016-11-14
status:	unpublished
citation:
Document Size:	37646

341 STATE OF NEW JERSEY VS. GERARD D. WATKINS -- rank: 671

... light of the 2020 enactment of a new mitigating factor, N.J.S.A. 2C:44-1(b)(14). Under the newly enacted mitigating factor, at sentencing ...

docket:	a2826-21
court:	appellate
decided:	2024-07-26
status:	Unpublished
citation:
Document Size:	42407

342 STATE OF NEW JERSEY v. BRYAN T. ARLINE -- rank: 671

... be perceived as part of the cost of doing business). N.J.S.A. 2C:44-1(a)(3), (5), (6), (9), and (11). The trial court ... victim of his conduct for the damage or injury sustained), N.J.S.A. 2C:44-1(b)(6), applicable to the burglaries, and afforded it 'minimal ... imprisonment would entail excessive hardship on defendant or his dependents), N.J.S.A. 2C:44- 1(b)(11). He does not dispute the applicability of aggravating ...

docket:	a1083-17
court:	NJ Superior Court Appellate Division
decided:	2018-11-20
status:	Unpublished
citation:
Document Size:	48434

343 STATE OF NEW JERSEY v. FENTON J. CARSTARPHEN -- rank: 671

... imposed a fifty- year extended prison term in accordance with N.J.S.A. 2C:44-1, with forty-two years of parole ineligibility. A-2950-16T4 ... degree offense, the presumed extended term sentence is fifty years. N.J.S.A. 2C:44-1(f). But the sentencing court may impose a higher or ... 58 (App. Div. 2004)). The judge found aggravating factor one, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense); two, N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of harm inflicted); three, N.J.S.A. 2C:44-1(a)(3) (the risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (the extent of defendant's prior criminal ...

docket:	a2950-16
court:	NJ Superior Court Appellate Division
decided:	2019-03-11
status:	Unpublished
citation:
Document Size:	41250

344 STATE OF NEW JERSEY v. LUIS DELCARMEN -- rank: 671

... The trial judge sentenced defendant. She found aggravating factor one, N.J.S.A. 2C:44-1(a)(1), the nature and circumstances of the offense. She ... of two young people. The judge found aggravating factor two, N.J.S.A. 2C:44-1(a)(2), gravity of the harm, because of the severe injury to Rivas. She found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), risk of re-offense, because the evidence established ... kill a witness. The judge also found aggravating factor six, N.J.S.A. 2C:44-1(a)(6), defendant's prior criminal record and seriousness of ... a significant one. The judge also found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterring A-0976-18 13 ... be remanded to consider his youth as a mitigating factor, N.J.S.A. 2C:44-1(b)(14). 'Appellate review of a criminal sentence is ...

docket:	a0976-18
court:	NJ Superior Court Appellate Division
decided:	2022-02-23
status:	Unpublished
citation:
Document Size:	54343

345 STATE OF NEW JERSEY v. DYSHON RAGLAND -- rank: 671

... of Ragland's convictions: the risk of committing another offense, N.J.S.A. 2C:44-1(a)(3); the substantial likelihood of involvement in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); the extent of Ragland's prior criminal record ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and the need to deter, N.J.S.A. 2C:44-1(a)(9). Additionally, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstance of the offense), applied ... the murder conviction. The judge found only one mitigating factor, N.J.S.A. 2C:44-1(b)(4) (there were substantial grounds tending to excuse ...

docket:	a5993-10
court:	NJ Superior Court Appellate Division
decided:	2013-11-07
status:	unpublished
citation:
Document Size:	55684