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436 STATE OF NEW JERSEY v. SHAFFONA MORGAN -- rank: 654

... for committing another offense, negating mitigating factors (8) and (9), N.J.S.A. 2C:44-1(b)(8),(9). 8 The court found aggravating factor (9), N.J.S.A. 2C:44-1(a)(9), placing great emphasis on deterring this defendant and ... involvement with the law, the court found mitigating factor (7), N.J.S.A. 2C:44-1(b)(7). The court also acknowledged that defendant's grandmother ... grandmother." It thus gave limited weight to mitigating factor (11), N.J.S.A. 2C:44-1(b)(11). Weighing these factors, the court concluded that a ... Despite this, the court did not find aggravating factor (3), N.J.S.A. 2C:44-1(a)(3). This archive is a service of Rutgers School ...

docket:	a4468-08
court:	NJ Superior Court Appellate Division
decided:	2011-12-29
status:	published
citation:	423 N.J. Super. 453 33 A.3d 527
Document Size:	60905

437 STATE OF NEW JERSEY v. SHAWN CUSTIS -- rank: 654

... applicable for sentencing: the risk of defendant committing another offense, N.J.S.A. 2C:44-1(a)(3), defendant's prior criminal record and the seriousness of defendant's convicted offenses, N.J.S.A. 2C:44-1(a)(6), and the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). No mitigating factors were applied. The court sentenced ...

docket:	a5132-15
court:	NJ Superior Court Appellate Division
decided:	2018-12-21
status:	Unpublished
citation:
Document Size:	124997

438 STATE OF NEW JERSEY v. WILLIAM J. THOMAS -- rank: 654

... a mitigating factor at the time of sentencing.' Ibid. (citing N.J.S.A. 2C:44-1(b)(14) ('The defendant was under 26 years of age ...

docket:	a4368-19
court:	NJ Superior Court Appellate Division
decided:	2022-01-19
status:	Published
citation:
Document Size:	87891

439 STATE OF NEW JERSEY v. H.C.L.. -- rank: 654

... aggravating factor three, the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), aggravating factor six, the extent of defendant's prior criminal history, N.J.S.A. 2C:44-1(a)(6), and aggravating factor nine, since there was 'a ... defendant and others from violating the law under these circumstances.' N.J.S.A. 2C:44-1(a)(9). The judge did not find any mitigating factors ... mitigating factor three since '[t]here was no strong provocation.' N.J.S.A. 2C:44-1(b)(3). Mitigating factor four did not apply because the ... the dispute did not warrant the use of lethal force. N.J.S.A. 2C:44-1(b)(4). In light of defendant's criminal history, mitigating factor seven was inapplicable. N.J.S.A. 2C:44-1(b)(7). The judge did not find mitigating factor ...

docket:	a1797-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-11
status:	unpublished
citation:
Document Size:	95146

440 STATE OF NEW JERSEY v. AHMAD TAYLOR -- rank: 654

... 12 counsel had argued mitigating factors two, eleven, and twelve. N.J.S.A. 2C:44- 1(b)(2), (11), (12). Here, the trial judge 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) (defendant's prior criminal record and seriousness of crimes of which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ... sentencing, defense counsel argued for findings of mitigating factors three, N.J.S.A. 2C:44-1(b)(3) (defendant acted under strong provocation); four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse or justify defendant' ...

docket:	a1863-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-09
status:	Unpublished
citation:
Document Size:	26148

441 STATE OF NEW JERSEY v. MARKITA A. NORRIS -- rank: 654

... the court's finding of three aggravating factors enumerated in N.J.S.A. 2C:44-1(a): the risk of reoffending, (a)(3); the extent of ... s challenge to the trial court's finding aggravating factors N.J.S.A. 2C:44-1(a)(1) and (2). A trial court's finding of ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). The term "cruel" as used in the statute ... incapable of exercising normal physical or mental power of resistance. [ N.J.S.A. 2C:44-1(a)(2).] This aggravating factor "focuses on the setting of ...

docket:	a1561-12
court:	NJ Superior Court Appellate Division
decided:	2015-11-30
status:	unpublished
citation:
Document Size:	60224

442 STATE OF NEW JERSEY v. DUSTIN A. WILBORN -- rank: 654

... J. at 365, an appellate court is bound to affirm. N.J.S.A. 2C:44-1 provides in pertinent part, a. In determining the appropriate sentence ... judge also analyzed each of the mitigating factors enumerated in N.J.S.A. 2C:44-1(b), and determined that no mitigating factor was applicable. The ...

docket:	a4971-13
court:	NJ Superior Court Appellate Division
decided:	2016-03-28
status:	unpublished
citation:
Document Size:	66694

443 STATE OF NEW JERSEY v. KEVIN G. JAMES -- rank: 654

... court found applicable aggravating factors three (risk of re- offense), N.J.S.A. 2C:44-1(a)(3); six (prior criminal record), N.J.S.A. 2C:44- 1(a)(6); and nine (need to deter), N.J.S.A. 2C:44-1(a)(9). The court explained factor three applied based on ... was a youthful offender when he committed the robberies. See N.J.S.A. 2C:44-1(b)(14). Defendant also submitted certifications from various alibi witnesses ... now a mitigating factor to be considered in sentencing. See N.J.S.A. 2C:44-1(b)(14). He claims both errors prevented the court from ... sentenced in 2013. After he was sentenced the Legislature enacted N.J.S.A. 2C:44-1(b)(14) — a new mitigating factor which applies ...

docket:	a2455-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-28
status:	Unpublished
citation:
Document Size:	35864

444 STATE OF NEW JERSEY v. DAMON R. WILLIAMS -- rank: 654

... 2243 , 2253, 53 L. Ed.2d 140 , 154 (1977)). 3 N.J.S.A. 2C:44-1(a)(3) (risk that the defendant will commit another offense). 4 N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others). 5 N.J.S.A. 2C:44-1(b)(1) (defendant's conduct neither caused nor threatened serious ...

docket:	a0306-09
court:	NJ Superior Court Appellate Division
decided:	2012-01-30
status:	unpublished
citation:
Document Size:	53151

445 STATE OF NEW JERSEY v. JOHN GONZALEZ -- rank: 654

... t]he risk that the defendant will commit another offense[,]' N.J.S.A. 2C:44- 1(a)(3); six, '[t]he extent of the defendant's ... seriousness of the offenses of which he has been convicted[,]' N.J.S.A. 2C:44- 1(a)(6); nine, '[t]he need for deterring the defendant and others from violating the law[,]' N.J.S.A. 2C:44- 1(a)(9); and twelve, '[t]he defendant committed [an] offense ... should have known was [sixty] years of age or older,' N.J.S.A. 2C:44-1(a)(12). The sentencing court rejected defense counsel's argument ... offenses, was substantially influenced by another more mature defendant. See N.J.S.A. 2C:44-1(b)(13). In discussing mitigating factor thirteen, the sentencing court ...

docket:	a2243-20
court:	NJ Superior Court Appellate Division
decided:	2023-01-17
status:	Unpublished
citation:
Document Size:	73503

446 STATE OF NEW JERSEY v. DAMIEN EDWARDS -- rank: 651

... I was entitled to mitigating factors [three] and [five] under [N.J.S.A.] 2C:44-1(b). Though I am fully aware of the fact that ... application of aggravating factors one 5 and three 6 under N.J.S.A. 2C:44-1(a). Second, he claims the court erred in ordering a ... was committed in an especially heinous, cruel, or depraved manner.' N.J.S.A. 2C:44-1(a)(1). 6 'The risk that the defendant will commit another offense.' N.J.S.A. 2C:44- - 1(a)(3). 7 'The defendant acted under a strong provocation.' N.J.S.A. 2C:44-1(b)(3). 8 'The victim of the defendant's conduct induced or facilitated its commission.' N.J.S.A. 2C:44-1(b)(5). A-2600-19 21 '[A] trial court ...

docket:	a2600-19
court:	NJ Superior Court Appellate Division
decided:	2023-02-07
status:	Unpublished
citation:
Document Size:	50278

447 STATE OF NEW JERSEY v. L.H. -- rank: 651

... by defendant. The judge declined to apply mitigating factor two, N.J.S.A. 2C:44-1(b)(2), finding that defendant did contemplate that his conduct ... serious, mental harm. The court then considered mitigating factor ten, N.J.S.A. 2C:44-1(b)(10), whether defendant was particularly likely to respond appropriately ... story and that's about it." Regarding mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12), the judge found that defendant did not exhibit ... the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); the risk that defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need for deterrence, N.J.S.A. 2C:44-1(a)(9). The court ultimately concluded, after giving consideration ...

docket:	a3512-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-09
status:	unpublished
citation:
Document Size:	44690

448 STATE OF NEW JERSEY v. DEMITRIUS MINOR -- rank: 651

... aggravated manslaughter, the judge found the following aggravating factors applicable: N.J.S.A. 2C:44-1(a)(1) (finding the nature and circumstances of the offense ... homicide in an especially heinous, cruel, or depraved manner 3 ); 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)(9) (the need for deterring defendant and others from violating the law); and N.J.S.A. 2C:44-1(a)(12) (defendant knew or should have known the victim ... sixty years old or older). The judge found mitigating factor N.J.S.A. 2C:44-1(b)(6) applied because defendant "will be reimbursing the Violent ... term imposed for aggravated manslaughter. The court found aggravating factors N.J.S.A. 2C:44-1(a)(3) and (9), and mitigating factor N.J. ...

docket:	a5474-11
court:	NJ Superior Court Appellate Division
decided:	2014-12-11
status:	unpublished
citation:
Document Size:	65573

449 STATE OF NEW JERSEY v. ANDREW E. JOHNSON, JR -- rank: 651

... N.J. 330 (2012), AND APPLY THE YOUTH MITIGATING FACTOR, N.J.S.A. 2C:44-1(b)(14). A. A Court's Sentence Must Take Into ... Age At the Time of the Commission of the Offense,' N.J.S.A. 2C:44- 1(b)(14). See State v. Bellamy, 468 N.J. Super ... properly weighed and considered each aggravating and mitigating factor, see N.J.S.A. 2C:44- 1(a) and (b), as well as the factors in State ... factor' is misguided. On October 19, 2020, the Legislature amended N.J.S.A. 2C:44-1 to add mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), which permits consideration of the defendant's age ...

docket:	a1621-20
court:	NJ Superior Court Appellate Division
decided:	2023-05-01
status:	Unpublished
citation:
Document Size:	34058

450 /usr/local/share/www/libweb/collections/courts/appellate/a1903-20.opn.html -- rank: 651

... 2021. The court found aggravating factor nine (need for deterrence), N.J.S.A. 2C:44-1(a)(9), and mitigating factors seven (no prior delinquency or ... circumstances unlikely to recur), and nine (defendant unlikely to reoffend), N.J.S.A. 2C:44-1(b)(7), (8), and (9), and was clearly convinced that ... the offense one degree lower for sentencing purposes pursuant to N.J.S.A. 2C:44-1(f)(2). A sentencing downgrade under N.J.S.A. 2C:44-1(f)(2) is appropriate only if 'the court is clearly ... also Cannel, N.J. Criminal Code Annotated, cmt. 10 on N.J.S.A. 2C:44-1 (2021) ('A court should sentence to one degree lower only ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	61637