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496 STATE OF NEW JERSEY IN THE INTEREST OF K.O., a minor -- rank: 645

... incorporates such Title 2C concepts as aggravating and mitigating factors, N.J.S.A. 2C:44-1(a) and (b); presumptions of incarceration and non-incarceration, N.J.S.A. 2C:44-1(d) and (e); and extended terms, N.J.S.A ...

docket:	a0238-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-01
status:	published
citation:	424 N.J. Super. 555 39 A.3d 202
Document Size:	32915

497 /usr/local/share/www/libweb/collections/courts/appellate/a1351-14.opn.html -- rank: 645

... March 20, 2013, the trial judge found three aggravating factors: N.J.S.A. 2C:44-1(a)(3),"[t]he risk that the defendant will commit another offense;" N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant's prior ... of the offenses of which he has been convicted;" and N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... from violating the law." The judge found one mitigating factor: N.J.S.A. 2C:44-1(b)(11), "[t]he imprisonment of the defendant would entail ... indicate that he is unlikely to commit another offense[.]" 1 [ N.J.S.A. 2C:44-1(b)(2), (4), (5), (7)-(9).] In an August 28 ... none of the mitigating factors applied for the following reasons: N.J.S.A. 2C:44-1(b)(2): the fact that T.M. was not ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	20982

498 STATE OF NEW JERSEY v. WALTER A. TORMASI, -- rank: 645

... murder was committed in a 'particularly cruel and depraved' manner, N.J.S.A. 2C:44-1(a)(1); (b) the risk defendant would 'commit further offenses,' N.J.S.A. 2C:44-1(a)(3); and (c) '[t]the need for deterring [defendant ... 42 (2002). A-3534-17T4 2 from violating the law,' N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors and concluded ... our decision in Bass. II. While this appeal was pending, N.J.S.A. 2C:44-1(b) was amended effective October 19, 2020, to add the ... six years of age) to the statutory mitigating sentencing factors. N.J.S.A. 2C:44- 1(b)(14). Unlike mitigating factor thirteen, N.J.S.A. 2C:44-1(b)(13), mitigating factor fourteen does not require a ...

docket:	a3534-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-13
status:	Published
citation:
Document Size:	44552

499 /usr/local/share/www/libweb/collections/courts/appellate/a5502-18.opn.html -- rank: 645

... that aggravating factors one ('nature and circumstances of the offense'), N.J.S.A. 2C:44-1(a)(1); three (risk of reoffending), N.J.S.A. 2C:44-1(a)(3); six (prior record), N.J.S.A. 2C:44-1(a)(6); and nine (deterrence), N.J.S.A. 2C:44-1(a)(9); substantially outweighed mitigating factor nine (defendant unlikely to commit another offense), N.J.S.A. 2C:44-1(b)(9). Defendant raises the following points in this appeal ...

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Document Size:	30196

500 STATE OF NEW JERSEY v. M.S -- rank: 645

... 70 (2014). At sentencing, the court found aggravating factors two, N.J.S.A. 2C:44-1(a)(2) ('the victim of the offense was particularly vulnerable'); three, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense); four, N.J.S.A. 2C:44-1(a)(4) 10 A-4928-15T2 ('defendant took advantage of a position of trust'); and nine, N.J.S.A. 2C:44-1(a)(9)2 (specific and general deterrence). The court found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (the absence of a prior criminal record), and nine, N.J.S.A. 2C:44- 1(b)(9) (defendant's character and attitude 'indicate that ...

docket:	a4928-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-30
status:
citation:
Document Size:	29931

501 STATE OF NEW JERSEY v. D.C.N. -- rank: 645

... claims the sentencing court erred in finding aggravating factors two ( N.J.S.A. 2C:44-1(a)(2) (the gravity and seriousness of the harm defendant inflicted on the victim); three ( N.J.S.A. 2C:44-1(a)(3) (the risk defendant will commit another offense); six ( N.J.S.A. 2C:44-1(a)(6) (the extent of the defendant's prior criminal record and the seriousness of the convicted offenses); nine ( N.J.S.A. 2C:44-1(a)(9) (the need for deterring defendant others from violating the law); and fourteen ( N.J.S.A. 2C:44-1(a)(14) (the need to deter defendant and others from ...

docket:	a1344-18
court:	NJ Superior Court Appellate Division
decided:	2021-11-08
status:	Unpublished
citation:
Document Size:	40639

502 STATE OF NEW JERSEY v. DAMAR JORDAN -- rank: 645

... concluded four aggravating factors existed: the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); involvement in organized criminal activity, N.J.S.A. 2C:44-1(a)(5); the extent and seriousness of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). He found no mitigating factors. Defendant concedes he ... judge should have considered mitigating factors eleven and twelve. See N.J.S.A. 2C:44-1(b)(11) (imprisonment would cause him excessive hardship) and N.J.S.A. 2C:44-1(b)(12) (his cooperation with law enforcement). Neither was ...

docket:	a1159-09
court:	superior court appellate division
decided:	2011-01-24
status:	Unpublished
citation:
Document Size:	60973

503 STATE OF NEW JERSEY v. TYJIER Q. SUMMERS -- rank: 645

... committed the robberies; he was sentenced before mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), became effective, and that mitigating factor does not ... two aggravating factors: factor three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3), and factor nine, the need to deter, N.J.S.A. 2C:44-1(a)(9). In finding those aggravating factors, the court noted ... there was a risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), and a need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also considered all the relevant mitigating ... must identify relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) and explain the factual basis for ...

docket:	a2072-19
court:	NJ Superior Court Appellate Division
decided:	2022-05-11
status:	Unpublished
citation:
Document Size:	38852

504 STATE OF NEW JERSEY v. EUGENE LAVERGNE -- rank: 645

... 364-65 (1984)).] Here, the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of 'commit[ting] another offense'); four, N.J.S.A. 2C:44-1(a)(4) (taking 'advantage of a position of trust or confidence'); nine, N.J.S.A. 2C:44-1(a)(9) ('need for [deterrence]'); and ten, N.J.S.A. 2C:44-1(a)(10) ('fraudulent or deceptive practices committed against any department ... orders and directives. The judge also found mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) ('led a law-abiding life for a substantial ...

docket:	a3210-14
court:	NJ Superior Court Appellate Division
decided:	2018-11-07
status:	Unpublished
citation:
Document Size:	76805

505 STATE OF NEW JERSEY v. JOSE L. QUINONES -- rank: 645

... factors: the risk that defendant wil l commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent and seriousness of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant from committing further violations of the law, N.J.S.A. 2C:44-1(a)(9). Defendant was sentenced to a twenty-six-year ... defendant is particularly likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1(b)(10), no longer applied, while factor twelve, the willingness of defendant to cooperate with law enforcement authorities, N.J.S.A. 2C:44-1(b)(12), continued to apply. In balancing the factors, the ... to raise mitigating factor three, defendant acted under strong provocation, N.J.S.A. 2C:44-1(b)(3); four, there were substantial grounds tending to ...

docket:	a4611-18
court:	NJ Superior Court Appellate Division
decided:	2021-02-08
status:	Unpublished
citation:
Document Size:	30453

506 STATE OF NEW JERSEY v. ANDRE L. HENDERSON -- rank: 645

... seriousness of the offenses of which he has been convicted.' N.J.S.A. 2C:44-1(a)(6). However, 'other aspects of the defendant's record ... was committed in an especially heinous, cruel, or depraved manner[.]' N.J.S.A. 2C:44-1(a)(1). 'Under this factor, the sentencing court reviews the ... incapable of exercising normal physical or mental power of resistance . . . . [ N.J.S.A. 2C:44-1(a)(2) (emphasis added).] Aggravating factor two 'focuses on the ... should have known was 60 years of age or older[.]' N.J.S.A. 2C:44-1(a)(12). However, the judge explicitly stated 'I do not ...

docket:	a4019-14
court:	NJ Superior Court Appellate Division
decided:	2018-05-17
status:	unpublished
citation:
Document Size:	82125

507 STATE OF NEW JERSEY v. RICHARD L. CAIN -- rank: 645

... 21 2 The court found aggravating factors one and nine, N.J.S.A. 2C:44-1(a)(1) and (9), applied 'because of the nature of ... in the water.' The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), applied based on defendant's lack of a ... age at the time of the commission of the offense,' N.J.S.A. 2C:44-1(b)(14); L. 2020 c. 110 § 1, supports his ... BELOW, A-0538-21 5 BUT INSTEAD CHOSE TO APPLY N.J.S.A. 2C:44- 1(b)(14) OR [ZUBER] AS THE LAW OF OBJECTIVE INDICIA ... the benefit of the new mitigating factor regarding youthful offenders, N.J.S.A. 2C:44-1(b)(14).2 Mitigating factor fourteen became effective on October ... N.J. 84, 96-97 (2022) ('In short, nothing in N.J.S.A. 2C:44-1(b)(14)'s statutory text warrants a determination that ...

docket:	a0538-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-07
status:	Unpublished
citation:
Document Size:	27161

508 STATE OF NEW JERSEY v. WELDER D. MORENTE-DUBON -- rank: 645

... We also address the improper application of aggravating factor four, N.J.S.A. 2C:44-1(a)(4), and the need for the court to explain ... detail how it reconciles its application of aggravating factor three, N.J.S.A. 2C:44- - 1(a)(3), and mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), the weight assigned to those factors, and how ... arguin g that aggravating factors one, three, and nine applied, N.J.S.A. 2C:44-1(a)(1), (3), and (9), and no mitigating factors applied ... did not request the court to apply aggravating factor four, N.J.S.A. 2C:44-1(a)(4). Defendant sought the minimum term of five years, arguing that mitigating factors seven and nine applied, N.J.S.A. 2C:44-1(b)(7) and (9), and aggravating factor one did ...

docket:	a0459-20
court:	NJ Superior Court Appellate Division
decided:	2022-12-19
status:	Published
citation:
Document Size:	44550

509 STATE OF NEW JERSEY v. M.P.R. -- rank: 645

... was committed in an especially heinous, cruel, or depraved manner.' N.J.S.A. 2C:44-1(a)(1). The trial court could and did 'justify the ... t]he risk that the defendant will commit another offense,' N.J.S.A. 2C:44-1(a)(3), aggravating factor six, '[t]he extent of the ... seriousness of the offenses of which he has been convicted,' N.J.S.A. 2C:44-1(a)(6), and aggravating factor nine, '[t]he need for deterring the defendant and others from violating the law.' N.J.S.A. 2C:44- 1(a)(9). Though these were defendant's first indictable offenses ... also properly rejected mitigating factors seven, eight, and nine. See N.J.S.A. 2C:44-1(b)(7), (8), (9). Lastly, defendant argues that 'if this ...

docket:	a3604-14
court:	NJ Superior Court Appellate Division
decided:	2018-03-16
status:	unpublished
citation:
Document Size:	88385

510 STATE OF NEW JERSEY v. TIMOTHY BOYD -- rank: 645

... charges. The judge found aggravating factors three, six, and nine, N.J.S.A. 2C:44 1(a)(3), (6), and (9), and no factors in mitigation, N.J.S.A. 2C:44-1(b). She imposed a ten year aggregate sentence on the ...

docket:	a0380-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-20
status:	unpublished
citation:
Document Size:	58374