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406 STATE OF NEW JERSEY v. MADA T. EOFF -- rank: 658

... 19, 2020, well after the trial in this case, amended N.J.S.A. 2C:44-1(b) by adding a new mitigating sentencing factor that 'only ... 51, 66 (App. Div. 2021) (first alteration in original) (quoting N.J.S.A. 2C:44-1(b)(14)), certif. granted and remanded on other grounds, ___ N ... retroactively to sentences imposed prior to the effective date of N.J.S.A. 2C:44-1(b)(14), and may properly be applied only to sentencings ... sentencings following a remand on appeal, occurring on or after N.J.S.A. 2C:44-1(b)(14)'s October 19, 2019 effective date. A-0514 ...

docket:	a0514-18
court:	NJ Superior Court Appellate Division
decided:	2022-03-04
status:	Unpublished
citation:
Document Size:	50816

407 STATE OF NEW JERSEY v. VINCENT JACKSON -- rank: 658

... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A.] 2C:44-1(a) and (b).' Roth, 95 N.J. at 359. 'An ... 215 (1989). Here, the sentencing judge found aggravating factors: three, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and the seriousness of the offenses ); and nine, N.J.S.A. 2C:44-1(a)(9) (specific and general deterrence). The court A-4649 ... s blanket request that the following mitigating factors apply: one, N.J.S.A. 2C:44-1(b)(1) (defendant's conduct did not cause or threaten serious harm); two, N.J.S.A. 2C:44-1(b)(2) (defendant did not contemplate that his conduct ...

docket:	a4649-16
court:	NJ Superior Court Appellate Division
decided:	2018-11-08
status:	Unpublished
citation:
Document Size:	37347

408 STATE OF NEW JERSEY v. DANIEL R. ZIOLKOWSKI -- rank: 658

... need for deterring defendant and others from violating the law), N.J.S.A. 2C:44-1(a)(9). The trial court applied mitigating factors six (defendant will compensate the victim for the damage she sustained), N.J.S.A. 2C:44-1(b)(6); and ten (defendant is particularly likely to respond to probationary treatment), N.J.S.A. 2C:44-1(b)(10). A-5626-16T4 12 Defendant was sentenced as ... its finding of the relevant aggravating and mitigating factors in N.J.S.A. 2C:44-1.' Tindell, 417 N.J. Super. at 567 (citing State v ... and attitude of defendant indicate he is unlikely to reoffend), N.J.S.A. 2C:44-1(b)(9), because he has no prior criminal convictions. We ...

docket:	a5626-16
court:	NJ Superior Court Appellate Division
decided:	2019-02-26
status:	Unpublished
citation:
Document Size:	42490

409 STATE OF NEW JERSEY v. JUAN F. HERNANDEZ -- rank: 658

... eight times prior, including three prior indictable offenses, and others, N.J.S.A. 2C:44-1(a)(3); defendant's criminal record and seriousness of the convicted offenses, 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). A-1138-17T4 29 This archive is a ...

docket:	a1138-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-26
status:	Unpublished
citation:
Document Size:	51546

410 STATE OF NEW JERSEY v. MARCUS ST. CLAIRE WHITE -- rank: 658

... excessive because the judge erroneously applied aggravating sentencing factors. See N.J.S.A. 2C:44-1(a). White makes a similar argument and contends the judge ... of committing the crime including the immediate flight therefrom. See N.J.S.A. 2C:44-1(a)(1), (2), (3), (9) and (13)). The judge found no mitigating factors. See N.J.S.A. 2C:44-1(b). In sentencing White, the judge found the same aggravating ...

docket:	a5598-12
court:	NJ Superior Court Appellate Division
decided:	2017-07-26
status:	unpublished
citation:
Document Size:	68273

411 STATE OF NEW JERSEY v. JOSEPH HOLLEY -- rank: 658

... June 24, 2016. The trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (likelihood of committing another offense); six, N.J.S.A. 2C:44- 1(a)(6) (prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence); and no mitigating factors. The ... not considering and giving appropriate weight to mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), which applies where '[t]he defendant has no ...

docket:	a5547-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-19
status:	unpublished
citation:
Document Size:	49342

412 STATE OF NEW JERSEY v. ERIC C. RANGEL -- rank: 658

... At re-sentencing, Judge Ahto found the following aggravating factors: N.J.S.A. 2C:44-1(a)(1), "[t]he nature and circumstances of the offense ... was committed in an especially heinous, cruel, or depraved manner;" N.J.S.A. 2C:44-1(a)(2), "[t]he gravity and seriousness of harm inflicted ... incapable of exercising normal physical or mental power of resistance;" N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense;" and N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... others from violating the law." The judge found mitigating factor N.J.S.A. 2C:44-1(b)(7), "[t]he defendant has no history of prior ...

docket:	a3383-13
court:	NJ Superior Court Appellate Division
decided:	2015-12-15
status:	unpublished
citation:
Document Size:	32974

413 STATE OF NEW JERSEY v. JAMES L. RANDALL -- rank: 656

... including: the risk that the defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of the defendant's prior criminal ... seriousness of the offenses of which he has been convicted, N.J.S.A. 2C:44-1(a)(6); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9); and "consideration of the deterrent need to protect ... defendant's incarceration would be a hardship to his dependents, N.J.S.A. 2C:44-1(b)(11), which was afforded "very slight weight." In balancing ... the imposition of a minimum term.'" Id. at 89 (quoting N.J.S.A. 2C:44-1(f)(1)). The notion that the court must specifically restate ... s conduct was the result of circumstances unlikely to recur," N.J.S.A. 2C:44-1(b)(8). In our limited review of the sentencing ...

docket:	a5237-09
court:	NJ Superior Court Appellate Division
decided:	2011-10-06
status:	unpublished
citation:
Document Size:	84147

414 STATE OF NEW JERSEY v. KHALIL WHEELERWEAVER -- rank: 656

... aggravating factors applied: the nature and circumstances of the offenses, N.J.S.A. 2C:44-1(a)(1); the gravity and seriousness of the harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44- -1(a)(9). The judge also gave minimal weight to the mitigating factor of defendant having no prior criminal record, N.J.S.A. 2C:44-1(b)(7). We see no abuse of discretion. The judge ...

docket:	a1884-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-25
status:	Unpublished
citation:
Document Size:	60596

415 STATE OF NEW JERSEY v. DUTQUAN WILSON -- rank: 656

... before concluding that aggravating factors three, six, and nine applied. N.J.S.A. 2C:44-1(a)(3) (the risk of re-offense); -1(a)(6 ... reviewed all mitigating factors and explained that none applied. See N.J.S.A. 2C:44-1(b)(1)-(11). Our conclusion that the convictions regarding the ...

docket:	a5734-12
court:	NJ Superior Court Appellate Division
decided:	2016-10-18
status:	unpublished
citation:
Document Size:	49268

416 STATE OF NEW JERSEY v. HASSAN A. LABAN -- rank: 656

... not make specific findings with respect to mitigating factor six, N.J.S.A. 2C:44- 1(b)(6) ('[t]he defendant has compensated or will compensate ... in a program of community service'); and mitigating factor nine, N.J.S.A. 2C:44-1(b)(9) ('[t]he character and attitude of the defendant ... unlikely to commit another offense'). Furthermore, it is not 4 N.J.S.A. 2C:44-1(b)(4) ('[t]here were substantial grounds tending to excuse ... trial court erred in declining to apply mitigating factor one, N.J.S.A. 2C:44-1(b)(1) ('[t]he nature and circumstances of the offense ... an especially heinous, cruel, or depraved manner.'); mitigating factor four, N.J.S.A. 2C:44-1(b)(4) ('[a] lesser sentence will depreciate the seriousness of ... or confidence to commit the offense.'); and mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) ('[t]he defendant committed the offense against ...

docket:	a0587-20
court:	NJ Superior Court Appellate Division
decided:	2022-11-16
status:	Unpublished
citation:
Document Size:	45823

417 State v. Susan Hyland -- rank: 656

... sentence illegal and warranted reversal. Alternatively, the State contended that N.J.S.A. 2C:44- 1(f)(2) -- which permits the State to appeal non-custodial ... the presumption of incarceration otherwise applicable to a defendant under N.J.S.A. 2C:44-1(d). 6 Drug Court sentences.” State v. Hyland, 452 ... a court’s assessment of aggravating and mitigating factors under N.J.S.A. 2C:44-1. Citing State v. Ancrum, 449 N.J. Super. 526 (App ...

docket:	a-29-18
court:	NJ Supreme Court
decided:	2019-06-03
status:
citation:	238 N.J. 135 207 A.3d 1286
Document Size:	41598

418 STATE OF NEW JERSEY v. JONATHAN WEATHERS -- rank: 656

... 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 record and the seriousness of those offenses, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter, N.J.S.A. 2C:44-1(a)(9), and the absence of any mitigating factors. A ... not contemplate his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). Defendant also emphasized in acquitting defendant of most ... the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2). A-2566-19 22 understatement to characterize this ...

docket:	a2566-19
court:	NJ Superior Court Appellate Division
decided:	2023-08-25
status:	Unpublished
citation:
Document Size:	91433

419 STATE OF NEW JERSEY v. NESTOR FRANCISCO, -- rank: 656

... have known the victim was at least sixty years old). N.J.S.A. 2C:44-1(a)(1), (9), and (12). The judge declined to apply ... he gravity and seriousness of harm inflicted on the victim'), N.J.S.A. 2C:44-1(a)(2), concluding it would be double counting. As to ... and five (the victim 'induced or facilitated' defendant's conduct). N.J.S.A. 2C:44- 1(b)(3), (4), and (5). The judge found the aggravating ...

docket:	a3840-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-08
status:	Published
citation:
Document Size:	89626

420 /usr/local/share/www/libweb/collections/courts/appellate/a1855-17.opn.html -- rank: 656

... appropriate to a crime of one degree lower,' pursuant to N.J.S.A. 2C:44-1(f)(2), and impose a three-year term of imprisonment ... In imposing the sentence, the court found aggravating factor three, N.J.S.A. 2C:44-1(a)(3) ('[t]he risk that the defendant will commit another offense'); and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... court accepted defendant's arguments and found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) ('defendant . . . will compensate the victim . . . for the damage or injury . . . sustained'); mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) ('defendant has no history of prior delinquency or criminal activity'); mitigating factor nine, N.J.S.A. 2C:44- - 1(b)(9) ('[t]he character and attitude of the ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	15681