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376 STATE OF NEW JERSEY v. CHARLOTTE M. CARMAN -- rank: 662

... 4 three, ('risk that the defendant will commit another offense'), N.J.S.A. 2C:44- 1(a)(3); six, ('extent of the defendant's prior criminal ... of the offenses of which the defendant has been convicted'), N.J.S.A. 2C:44- 1(a)(6); and nine, ('need for deterring the defendant and others from violating the law '), N.J.S.A. 2C:44-1(a)(9), applied. It also contended mitigating factors three, ('defendant acted under strong provocation'), N.J.S.A. 2C:44-1(b)(3); and six, ('defendant has compensated or will compensate ... sustained, or will participate in a program of community service'), N.J.S.A. 2C:44-1(b)(6), were inapplicable. The State further argued a lengthy ... the defendant's conduct, though failing to establish a defense'), N.J.S.A. 2C:44-1(b)(4); eight, ('defendant's conduct was the result ...

docket:	a2411-21
court:	NJ Superior Court Appellate Division
decided:	2023-05-16
status:	Unpublished
citation:
Document Size:	42522

377 STATE OF NEW JERSEY v. HITEN A. PATEL -- rank: 662

... offender. Judge DeLury appropriately weighed the aggravating and mitigating factors, N.J.S.A. 2C:44-1(a) and (b), explaining thoroughly his reasons for sentencing in ... mitigating factor seven, that defendant had no prior criminal history. N.J.S.A. 2C:44-1(a)(3), (9) and N.J.S.A. 2C:44-1(b)(7). "When the aggravating and mitigating factors are identified ... State v. Fuentes , 217 N.J. 57 , 76 (2014) (quoting N.J.S.A. 2C:44-1(a)(1)). The trial judge properly considered the Yarbough factors ...

docket:	a3824-14
court:	NJ Superior Court Appellate Division
decided:	2017-01-18
status:	unpublished
citation:
Document Size:	82904

378 0STATE OF NEW JERSEY v. JEROME J. HOLMES -- rank: 662

... 3 "The 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 ... seriousness of the offenses of which he has been convicted," N.J.S.A. 2C:44-1(a)(6); and "[t]he need for deterring the defendant and others from violating the law," N.J.S.A. 2C:44-1(a)(9). 4 At sentencing, defendant requested the following mitigating ... the defendant's conduct, though failing to establish a defense," N.J.S.A. 2C:44-1(b)(4); "[t]he defendant's conduct was the result of circumstances unlikely to recur," N.J.S.A. 2C:44-1(b)(8); "[t]he character and attitude of the defendant indicate that he is unlikely to commit another offense," N.J.S.A. 2C:44-1(b)(9); and "[t]he defendant is particularly likely ...

docket:	a3147-12
court:	NJ Superior Court Appellate Division
decided:	2015-05-05
status:	unpublished
citation:
Document Size:	27776

379 STATE OF NEW JERSEY v. MERVIN R. FITZGERALD -- rank: 662

... robbery. At sentencing, the court found aggravating factor two applied. N.J.S.A. 2C:44-1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... of resistance'). In addition, the court found aggravating factor six, N.J.S.A. 2C:44- 1(a)(6), '[t]he extent of the defendant's prior ... been convicted;' and aggravating factor nine, A-4299-17T2 6 N.J.S.A. 2C:44-1(a)(9), '[t]he need for deterring the defendant and ... court must examine the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). Each factor found by the court must ... he contends the court erred in finding aggravating factor six, N.J.S.A. 2C:44- 1(a)(6). There is credible evidence in the record supporting ... the first- degree kidnapping offense when finding aggravating factors two, N.J.S.A. 2C:44-1(a)(2), and nine, N.J.S.A. 2C: ...

docket:	a4299-17
court:	NJ Superior Court Appellate Division
decided:	2020-06-01
status:	Unpublished
citation:
Document Size:	25633

380 STATE OF NEW JERSEY v. WAYNE J. MORUZIN -- rank: 662

... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that A-0727-19 39 apply to ... re-offense), six (criminal history), and nine (need to deter), N.J.S.A. 2C:44-1(a)(3), (6), and (9), and found no mitigating factors ...

docket:	a0727-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-22
status:	Unpublished
citation:
Document Size:	77703

381 STATE OF NEW JERSEY v. WILLIAM GARCIA DE JESUS -- rank: 662

... 0349-21 37 The trial judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) (the 'risk that the defendant will commit another ... offense'), and accorded 'very heavy weight' to aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (the 'need for deterring the defendant and others ... law'). As for mitigating factors, the court found factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant has 'no history of prior delinquency or ... offense '), and accorded 'very little weight' to mitigating factor eleven, N.J.S.A. 2C:44- 1(b)(11) (the 'imprisonment of the defendant would entail excessive ... 21 39 The judge declined to apply mitigating factors eight, N.J.S.A. 2C:44- 1(b)(8) (the 'defendant's conduct was the result of circumstances unlikely to recur'), and nine, N.J.S.A. 2C:44-1(b)(9) (the 'character and attitude of the defendant ...

docket:	a0349-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-02
status:	Unpublished
citation:
Document Size:	72269

382 STATE OF NEW JERSEY v. NAFEISHA T. BROWN -- rank: 662

... proceeded to trial. At sentencing, the judge found aggravating factors N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record and seriousness of ... offense) and (9) (need for deterrence). He found mitigating factors N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances ... respond affirmatively to probationary treatment). The judge rejected mitigating factors N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious ... the presence of those officers." He also rejected mitigating factor N.J.S.A. 2C:44-1(b)(11) (imprisonment would entail excessive hardship to defendant or ... She also argues the judge erred by rejecting mitigating factors N.J.S.A. 2C:44-1(b)(1) and (2) because she possessed dog repellant rather ...

docket:	a2037-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-02
status:	unpublished
citation:
Document Size:	36531

383 STATE OF NEW JERSEY v. TOMAS DELEON -- rank: 662

... the brief). PER CURIAM This appeal presents one issue: whether N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor for crimes ... three aggravating factors: factor three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); factor six, defendant's criminal history, N.J.S.A. 2C:44-1(a)(6); and factor nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). In finding those aggravating factors, the court noted ... entitled to a resentence given the Legislature's amendment of N.J.S.A. 2C:44-1(b) to include youth as a mitigating factor to be ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). The question of whether a newly enacted ...

docket:	a2146-19
court:	NJ Superior Court Appellate Division
decided:	2021-12-06
status:	Unpublished
citation:
Document Size:	21719

384 STATE OF NEW JERSEY v. KEVIN J. EVANS -- rank: 662

... s age of sixteen at the time of the offense. N.J.S.A. 2C:44-1(b)(4), (8), (9). The judge found mitigating factor three ... aggravating factor three (the risk defendant will commit another offense). N.J.S.A. 2C:44-1(a)(3), (b)(3). Despite finding the aggravating factor substantially ... 2, 2011, we reversed because the court did not consider N.J.S.A. 2C:44-1(f)(2), which governs the downgrading of a sentence for ... degree crime to a sentence for a second-degree crime. N.J.S.A. 2C:44-1(f)(2) provides: In cases of convictions for crimes of ... he was convicted. We remanded for resentencing in accordance with N.J.S.A. 2C:44-1(f)(2). The same judge resentenced defendant on July 7 ... period of time before the commission of the present offense." N.J.S.A. 2C:44-1(b)(7). However, the court did "not give [that] ...

docket:	a5123-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-03
status:	unpublished
citation:
Document Size:	29579

385 STATE OF NEW JERSEY v. LANCE D. BUNN -- rank: 662

... reoffending), six (prior criminal record), and nine (need for deterrence), N.J.S.A. 2C:44-1(a)(3), (6), and (9), substantially outweighed mitigating factor eight, N.J.S.A. 2C:44- 1(b)(8) ('defendant's conduct was the result of circumstances ... not contemplate his conduct would cause or threaten serious harm), N.J.S.A. 2C:44-1(b)(1) and (2), the judge 3 Effective January 1 ... to distribute [charges].' The judge also rejected mitigating factor five, N.J.S.A. 2C:44-1(b)(5) (the victim facilitated or induced the commission of ... colloquy with defense counsel concerning defendant's community service, see N.J.S.A. 2C:44-1(b)(6), and post-conviction rehabilitation efforts, the judge questioned ... judge credited those efforts when initially finding mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) (defendant's character and attitude indicate an ...

docket:	a2206-18
court:	NJ Superior Court Appellate Division
decided:	2022-08-01
status:	Unpublished
citation:
Document Size:	30590

386 STATE OF NEW JERSEY v. KENNETH W. VERPENT -- rank: 662

... the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); (2) the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); (3) the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6); and (4) the need to deter defendant from violating the law, N.J.S.A. 2C:44-1(a)(9). The one mitigating factor he found, to which ... imprisonment of defendant would entail excessive hardship to his dependents, N.J.S.A. 2C:44-1(b)(11). The judge determined that the four aggravating factors ... gravity and seriousness of the harm inflicted on the victim," N.J.S.A. 2C:44-1(a)(2), the judge improperly "double-counted" a sentencing ...

docket:	a3807-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-23
status:	unpublished
citation:
Document Size:	53812

387 STATE OF NEW JERSEY v. DUPREE S. REYNOLDS -- rank: 662

... of probation. 7 6 The court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('risk . . . defendant will commit another offense), based on his repeated prior offenses; aggravating factor six, N.J.S.A. 2C:44-1(a)(6) ('extent of . . . defendant's prior criminal record and ... convicted'), based on his prior convictions; and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) (need to deter 'defendant and others from violating ... his incarceration pending trial, the court found mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) ('The character and attitude of . . . defendant indicate that ...

docket:	a5494-16
court:	NJ Superior Court Appellate Division
decided:	2021-09-28
status:	Unpublished
citation:
Document Size:	55930

388 STATE OF NEW JERSEY v. MIKE MARTINEZ -- rank: 662

... No. 05-02-0016, the judge found three aggravating factors: N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another offense; N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior criminal record and the seriousness of the offenses; and N.J.S.A. 2C:44-1(a)(9), the need for deterring defendant and others from violating the law. He also found two mitigating factors: N.J.S.A. 2C:44-1(b)(4), substantial grounds tending to excuse or justify defendant's conduct, though failing to provide a defense; and N.J.S.A. 2C:44-1(b)(6), defendant will compensate the victim. As the trial ...

docket:	a0655-09
court:	NJ Superior Court Appellate Division
decided:	2013-11-13
status:	unpublished
citation:
Document Size:	98234

389 STATE OF NEW JERSEY v. KRISLA REZIREKSYON -- rank: 662

... judge found aggravating factors one, two, three and nine. See N.J.S.A. 2C:44-1(a)(1) ('nature and circumstances of the A-0469-16T4 ... and others). The judge also found mitigating factor seven. See N.J.S.A. 2C:44-1(b)(7) (no prior criminal history). Defendant contends the judge ... conclusion that her conduct was 'especially heinous, cruel, or depraved.' N.J.S.A. 2C:44- 1(a)(1). In State v. McGuire, 419 N.J. Super ... should have found mitigating factors two, four and eight. See N.J.S.A. 2C:44-1(b)(2) ('defendant did not contemplate that [her] conduct would ...

docket:	a0469-16
court:	NJ Superior Court Appellate Division
decided:	2019-05-01
status:	Unpublished
citation:
Document Size:	51506

390 STATE OF NEW JERSEY v. E.S -- rank: 662

... to deter defendant and others from violating the law). See N.J.S.A. 2C:44-1(a)(3), (5), and (9). The court gave 'light weight ... twelve (defendant's willingness to cooperate with law enforcement). See N.J.S.A. 2C:44-1(b)(7), (8), (9), (11), and (12). The court gave ...

docket:	a0175-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-25
status:	Unpublished
citation:
Document Size:	32968