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571 STATE OF NEW JERSEY v. WALLACE GASKINS -- rank: 636

... as a persistent offender. The judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) ("risk that the defendant will commit another offense"); six, N.J.S.A. 2C:44-1(a)(6) ("defendant's prior criminal record and the seriousness ... the offenses of which he has been convicted"); and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence). The judge found no mitigating ... that he argues were supported by the record: factor eleven, N.J.S.A. 2C:44-1(b)(11) ("excessive hardship" to defendant or dependents); and factor twelve, N.J.S.A. 2C:44-1(b)(12) (defendant's willingness to cooperate). Although the judge ...

docket:	a4936-09
court:	NJ Superior Court Appellate Division
decided:	2012-07-25
status:	unpublished
citation:
Document Size:	51878

572 STATE OF NEW JERSEY v. GREGORY MAURER -- rank: 636

... is no presumption either for or against a custodial sentence. N.J.S.A. 2C:44-1(e); Meyer , supra , 192 N.J. at 433 n.5 ... court must "weigh the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b)" in making the "in-out" decision, that ... first or second degree, there is a presumption of imprisonment, N.J.S.A. 2C:44-1(d), which is rarely overcome. State v. Soricelli , 156 N ...

docket:	a3527-13
court:	NJ Superior Court Appellate Division
decided:	2014-12-17
status:	published
citation:	438 N.J.Super. 402 105 A.3d 637
Document Size:	62111

573 STATE OF NEW JERSEY v. JERMY B. PORTILLO -- rank: 636

... appeal, satisfied the judge's findings that aggravating factor nine, N.J.S.A. 2C:44- 1(a)(9), the need to deter, and mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), no history of delinquency or criminality, were applicable ... 5 characteristics inherent to young adults,' arguing mitigating factor two, N.J.S.A. 2C:44-1(b)(2), that the defendant did not contemplate his conduct ... when sentencing a young adult;' as should mitigating factor four, N.J.S.A. 2C:44-1(b)(4), substantial grounds tending to excuse or justify the ... conduct, although failing to establish a defense; mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), that the defendant's conduct was the result of circumstances not likely to reoccur; mitigating factor nine, N.J.S.A. 2C:44- 1(b)(9), that the defendant's character and attitude ...

docket:	a1868-20
court:	NJ Superior Court Appellate Division
decided:	2022-08-18
status:	Unpublished
citation:
Document Size:	23655

574 STATE OF NEW JERSEY v. JOSHUA D. GRAY -- rank: 636

... no applicable mitigating factors to offset applicable aggravating factors six, N.J.S.A. 2C:44-1(a)(6) (defendant's prior criminal record, which contained juvenile adjudications) and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter others from similar conduct). In refusing to apply mitigating factors seven, N.J.S.A. 2C:44-1(b)(7) (no prior history of prior criminal activity), eight, N.J.S.A. 2C:44-1(b)(8) (defendant's conduct was the result of circumstances ... because of defendant's actions after the incident), and nine, N.J.S.A. 2C:44-1(b)(9) (the character and attitude of the defendants indicate ...

docket:	a4184-11
court:	NJ Superior Court Appellate Division
decided:	2014-07-30
status:	unpublished
citation:
Document Size:	48625

575 STATE OF NEW JERSEY v. VICTOR BAEZ -- rank: 636

... Here, the trial judge found the following aggravating factors: one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense and the role of defendant therein); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of harm inflicted upon the victim); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses 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 ... law). The judge also found the following mitigating factor: eleven, N.J.S.A. 2C:44-1(b)(11) (imprisonment of defendant will entail excessive hardship to ... the court erred by failing to find mitigating factor twelve, N.J.S.A. 2C:44-1(b)(12) (willingness to cooperate with law enforcement authorities). ...

docket:	a4975-08
court:	NJ Superior Court Appellate Division
decided:	2012-06-13
status:	unpublished
citation:
Document Size:	53865

576 STATE OF NEW JERSEY v. EARL T. MOORE -- rank: 636

... is excessive, and that the judge double counted aggravating factor, N.J.S.A. 2C:44-1(a)(5). When sentencing a defendant, the "trial court must ... sentence was based on three aggravating factors: aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk defendant will commit another offense; factor six, N.J.S.A. 2C:44-1(a)(6), the extent of defendant's prior record, which the court found "very serious;" and factor nine, N.J.S.A. 2C:44-1(a)(9), the need for deterrence. The court also found that aggravating factor five, N.J.S.A. 2C:44-1(a)(5), applied because there was a substantial likelihood that ...

docket:	a3298-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-23
status:	unpublished
citation:
Document Size:	60601

577 /usr/local/share/www/libweb/collections/courts/appellate/a1337-18.opn.html -- rank: 636

... conduct separate and distinct analyses for the extended term and N.J.S.A. 2C:44-1 factors; (3) double-counting his extensive criminal record in imposing an extended term and finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) and six, N.J.S.A. 2C:44-1(a)(6); and (4) failing to find any mitigating factors ... nine were supported by the evidence in the record. See N.J.S.A. 2C:44-1(a)(3), (6), (9). The judge also provided sufficient reasons ...

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578 STATE OF NEW JERSEY v. JUSTIN ANTHONY HAZEL -- rank: 636

... criminal record), and nine (need for deterrence), as provided by N.J.S.A. 2C:44-1(a)(3), (6), (9), and impose a term of incarceration ... ten (likelihood of success of probationary treatment), as provided by N.J.S.A. 2C:44-1(b)(2)-(4), (7)-(10). After reviewing the presentence report ... v. Bieniek , 200 N.J. 601 , 608 (2010); see also N.J.S.A. 2C:44-1. Once the court has balanced the applicable factors, it "may ... argues the trial court erred in finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism); six, N.J.S.A. 2C:44-1(a)(6) (extent and seriousness of defendant's prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (need for general and specific deterrence). This ...

docket:	a5404-12
court:	New Jersey Superior Court Appellate Division
decided:	2015-09-23
status:	Published
citation:
Document Size:	52131

579 STATE OF NEW JERSEY v. CLYDE COX -- rank: 636

... have sentenced him in the second-degree range pursuant to N.J.S.A. 2C:44-1(f)(2) 4 and State v. Megargel , 143 N.J ... he defendant's conduct neither caused nor threatened serious harm," N.J.S.A. 2C:44-1(b)(1), and mitigating factor two, "[t]he defendant did ... contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2). 5 We review a judge's sentencing decision ... the aggravating factors and where the interest of justice demands[.]" N.J.S.A. 2C:44-1(f)(2). The judge found three aggravating factors and no ... 3 There was no audio to the video recording. 4 N.J.S.A. 2C:44-1(f)(2) provides as follows, in pertinent part: In cases ... the judge's finding of the following three aggravating factors: N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will ...

docket:	a2999-12
court:	NJ Superior Court Appellate Division
decided:	2015-02-25
status:	unpublished
citation:
Document Size:	28624

580 STATE OF NEW JERSEY v. CARLOS DELEVRY -- rank: 636

... court found two aggravating factors, Delevry's risk of recidivism, N.J.S.A. 2C:44-1(a)(3), and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). The court also observed that Delevry appeared to ... mitigating factors, defendant's lack of a prior criminal record, N.J.S.A. 2C:44-1(b)(7), and that incarceration would impose a significant hardship on him, N.J.S.A. 2C:44-1(b)(11). Concluding that the aggravating factors substantially outweighed the ... aggravating factors, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3), the extent of defendant's prior criminal record, N.J.S.A. 2C:44-1(a)(6), and the need to deter defendant and ...

docket:	a2058-09
court:	NJ Superior Court Appellate Division
decided:	2011-11-10
status:	unpublished
citation:
Document Size:	82749

581 STATE OF NEW JERSEY v. OMAR GALVEZ -- rank: 636

... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent of defendant's prior record, N.J.S.A. 2C:44-1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court did not find any mitigating factors. See N.J.S.A. 2C:44-1(b). The court determined the aggravating factors substantially outweighed the ...

docket:	a2121-16
court:	NJ Superior Court Appellate Division
decided:	2018-05-17
status:	unpublished
citation:
Document Size:	61716

582 STATE OF NEW JERSEY v. PHILIP HOLDEN -- rank: 636

... must consider specifically enumerated aggravating and mitigating circumstances identified at N.J.S.A. 2C:44-1(a) and (b), balance them, and explain how the sentence ... a legal sentence. Specifically the court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of re-offense), six, 2C:44-1 ...

docket:	a2663-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-10
status:	unpublished
citation:
Document Size:	53542

583 STATE OF NEW JERSEY v. HARRY J. NEHER -- rank: 636

... was committed in an especially heinous, cruel, or depraved manner,' N.J.S.A. 2C:44-1(a)(1); three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, the extent and seriousness of defendant's prior record, N.J.S.A. 2C:44- 1(a)(6); and nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). 30 A-0818-15T4 'Appellate review of sentencing ... in the record, id. at 77 (alteration in original) (quoting N.J.S.A. 2C:44-1(a)(1)). The court, however, did not adequately explain the ...

docket:	a0818-15
court:	NJ Superior Court Appellate Division
decided:	2018-06-07
status:	unpublished
citation:
Document Size:	121978

584 STATE OF NEW JERSEY v. KEVIN M. CAMPFIELD -- rank: 636

... factors three (risk of committing another offense) and nine (deterrence), N.J.S.A. 2C:44-1(a)(3) and (9). The judge declined to find aggravating factor six (extent of prior record), N.J.S.A. 2C:44-1(a)(6), which had been requested by the State. Although he found no statutory mitigating factors, N.J.S.A. 2C:44-1(b), the judge noted Campfield's "relative youth and the ...

docket:	a5618-07
court:	NJ Superior Court Appellate Division
decided:	2011-06-28
status:	unpublished
citation:
Document Size:	77734

585 STATE OF NEW JERSEY v. RICHARD CHESLER -- rank: 634

... we conclude that the stated rationale does not comport with N.J.S.A. 2C:44-1(f)(2), we reverse and remand for re-sentencing. We ... two-pronged standard for imposing a downgraded sentence outlined in N.J.S.A. 2C:44-1(f)(2), the sentencing judge determined that the identified mitigating ... the downgraded sentence do not justify the four-year term. N.J.S.A. 2C:44-1 generally addresses the criteria for withholding or imposing sentences of imprisonment. N.J.S.A. 2C:44-1(f)(2) provides, in relevant part, that in cases of ... A definitive interpretation of the "interest of justice" prong of N.J.S.A. 2C:44-1(f)(2) has generally eluded both trial and appellate courts ... of the interest of justice prong. "[I]n sentencing under [ N.J.S.A. 2C:]44-1(f)(2), a court must apply the basic principles ...

docket:	a6279-11
court:	NJ Superior Court Appellate Division
decided:	2013-09-18
status:	unpublished
citation:
Document Size:	28023