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601 STATE OF NEW JERSEY v. PAUL BUNDY -- rank: 634

... aggravating factors: the risk that defendant would commit another crime, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record and the seriousness of his offenses, N.J.S.A. 2C:44-1(a)(6); and the need for deterring defendant and others ... defendant asserts that his attorney should have advanced mitigating factors N.J.S.A. 2C:44-1(b)(4) and (12). N.J.S.A. 2C:44-1(b)(4) applies if "[t]here were substantial grounds tending ... there was no reason to believe that defendant was prejudiced. N.J.S.A. 2C:44-1(b)(12) applies if the defendant demonstrated the "willingness . . . to ...

docket:	a2385-12
court:	NJ Superior Court Appellate Division
decided:	2014-12-05
status:	unpublished
citation:
Document Size:	25293

602 STATE OF NEW JERSEY v. ANTHONY M. FERNANDEZ -- rank: 634

... In this case, the trial judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3), and nine, N.J.S.A. 2C:44-1(a)(9). The judge found a slight risk that defendant ... 50, while also finding a basis for mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), because defendant had no prior criminal history. The ... done to society as a result of drug usage. See N.J.S.A. 2C:44-1(a)(9). The judge also found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), because defendant's imprisonment would be a hardship ... that therefore mitigating factors three and four should be applied. N.J.S.A. 2C:44-1(b)(3) and (4). Although the judge did not ...

docket:	a3090-12
court:	NJ Superior Court Appellate Division
decided:	2016-05-23
status:	unpublished
citation:
Document Size:	53917

603 STATE OF NEW JERSEY v. JAMIRE D. WILLIAMS -- rank: 634

... s prior record); and nine (general and specific deterrence). See N.J.S.A. 2C:44-1(a)(3), (6), and (9). Citing defendant's lengthy juvenile ... that the defendant is involved in organized criminal activity'). See N.J.S.A. 2C:44- 1(a)(5). The judge concluded the aggravating factors preponderated over ...

docket:	a5229-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-23
status:	Unpublished
citation:
Document Size:	73202

604 STATE OF NEW JERSEY v. LUIS D. RIVERA -- rank: 634

... degree offender on the second-degree aggravated assault conviction. See N.J.S.A. 2C:44-1(f)(2)(permitting the judge to "sentence the defendant to ... aggravating sentencing factors: the nature and circumstances of the offenses, N.J.S.A. 2C:44-1(a)(1); the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge identified three mitigating sentencing factors: grounds ... the defendant's conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4); defendant would compensate the victim, N.J.S.A. 2C:44-1(b)(6); and defendant has no prior criminal record, ...

docket:	a0158-09
court:	NJ Superior Court Appellate Division
decided:	2012-04-16
status:	unpublished
citation:
Document Size:	44114

605 STATE OF NEW JERSEY v. EARL L. BARLEY -- rank: 634

... findings with respect to the aggravating factors set forth in N.J.S.A. 2C:44-1(a): As to aggravating factor three, the risk that the ... rejecting defendant's argument that mitigating factors one and two, N.J.S.A. 2C:44-1(b)(1) and N.J.S.A. 2C:44-1(b)(2) applied, the sentencing court emphasized: As to mitigating ...

docket:	a2334-19
court:	NJ Superior Court Appellate Division
decided:	2021-04-19
status:	Unpublished
citation:
Document Size:	34310

606 STATE OF NEW JERSEY v. B.J. -- rank: 634

... defendant did not contemplate that his conduct would cause harm, N.J.S.A. 2C:44-1(b)(2); four, there were substantial ground tending to excuse his conduct, though failing to establish a defense, N.J.S.A. 2C:44-1(b)(4); and eight, defendant's conduct was the result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8). He also contends the court placed too much ... to deter the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). Defendant claims the court's failure to find ...

docket:	a0624-15
court:	NJ Superior Court Appellate Division
decided:	2017-07-25
status:	unpublished
citation:
Document Size:	50473

607 /usr/local/share/www/libweb/collections/courts/appellate/a0022-21.opn.html -- rank: 634

... A-0022-21 5 The court 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) (extent of defendant's prior criminal convictions and the seriousness of those offenses), and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter others). In addition, the court found mitigating factor ten, N.J.S.A. 2C:44-1(b)(1) (defendant is particularly likely to respond affirmatively to ...

docket:
court:	New Jersey Superior Court Appellate Division
decided:
status:
citation:
Document Size:	22464

608 STATE OF NEW JERSEY v. JOHN GONZALEZ -- rank: 632

... 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 A ... 0066-16T2 23 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 60 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:	a0066-16
court:	NJ Superior Court Appellate Division
decided:	2018-10-19
status:	Unpublished
citation:
Document Size:	45191

609 STATE OF NEW JERSEY v. DERRICK S. LEONARD -- rank: 632

... of imprisonment appropriate to a third - degree crime pursuant to N.J.S.A. 2C:44-1(f)(2) because that downgrade feature requires that the mitigating ... expressly state that the 'interests of justice demands [a downgrade],' N.J.S.A. 2C:44-1(f)(2), or that there was a ''compelling' reason for ... State v. Moore, where we held the downgraded sentence violated N.J.S.A. 2C:44-1(f)(2) because the court was not clearly convinced that ... court to impose that sentence, defendant cannot now rely on N.J.S.A. 2C:44-1(f)(2) to invalidate the sentence as a means to ...

docket:	a0526-20
court:	NJ Superior Court Appellate Division
decided:	2023-03-03
status:	Unpublished
citation:
Document Size:	28545

610 STATE OF NEW JERSEY v. FAQUAN MARTIN -- rank: 632

... was intended to prevent. Judge Ravin found aggravating factors three, N.J.S.A. 2C:44- 1(a)(3) (risk of defendant committing another offense); nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law); and thirteen, N.J.S.A. 2C:44-1(a)(13) (possession of a stolen vehicle while in the ...

docket:	a0926-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-22
status:	unpublished
citation:
Document Size:	38818

611 STATE OF NEW JERSEY v. ANTWINE J. RIVERA -- rank: 632

... and others from violating the law" also carried substantial weight. N.J.S.A. 2C:44-1(a)(3), (6), (9). The court found these three aggravating ... or facilitated" the offense by looking for defendant while armed, N.J.S.A. 2C:44-1(b)(5). The court gave that factor slight weight because ...

docket:	a3854-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-13
status:	unpublished
citation:
Document Size:	55441

612 STATE OF NEW JERSEY v. DEAN A. VOURDERIS -- rank: 632

... 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 ... seriousness of the offenses of which defendant has been convicted, N.J.S.A. 2C:44-1(a)(6); nine, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44- -1(a)(9); and eleven, the imposition of a fine, penalty ... associated with the initial decision to resort to unlawful practices, N.J.S.A. 2C:44-1(a)(11). With respect to aggravating factor eleven, the judge ... request to apply multiple mitigating factors including mitigating factor four . N.J.S.A. 2C:44-1(b)(4) ('There were substantial grounds tending to excuse or ...

docket:	a4592-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-26
status:	Unpublished
citation:
Document Size:	36456

613 STATE OF NEW JERSEY v. MICHAEL D. MILLER -- rank: 632

... and re-sentence defendant without consideration of aggravating factor one, N.J.S.A. 2C:44-1(a)(1). At defendant's sentencing hearing, the court found ... the offense; two, the gravity of harm to the victim ( N.J.S.A. 2C:44-1(a)(2)); three, the risk defendant will commit another offense ( N.J.S.A. 2C:44-1(a)(3)); and nine, the need for deterrence ( N.J.S.A. 2C:44-1(a)(9)). The court also found mitigating factor seven, no prior criminal history ( N.J.S.A. 2C:44-1(b)(7)). With respect to aggravating factor one, the judge ... and weighing of the aggravating and mitigating factors listed in [ N.J.S.A. ] 2C:44-1(a) and (b)." Ibid. ; State v. Kruse , 105 N. ...

docket:	a0459-15
court:	NJ Superior Court Appellate Division
decided:	2017-04-04
status:	published
citation:	449 N.J.Super. 460 158 A.3d 1185
Document Size:	47677

614 STATE OF NEW JERSEY v. PATRICK SMITH -- rank: 632

... 4 The judge found aggravating factors three (risk of recidivism), N.J.S.A. 2C:44-1(a)(3); six (criminal history), N.J.S.A. 2C:44-1(a)(6); and nine (deterrence), N.J.S.A. 2C:44-1(a)(9), and no mitigating factors. The judge stated he ...

docket:	a5060-13
court:	NJ Superior Court Appellate Division
decided:	2016-10-28
status:	unpublished
citation:
Document Size:	44686

615 STATE OF NEW JERSEY v. J.S.C. -- rank: 632

... especially heinous, A-0667-16T4 9 cruel, or depraved manner), N.J.S.A. 2C:44-1(a)(1); two (gravity and seriousness of harm, including whether ... known the victim was particularly vulnerable or incapable of resistance), N.J.S.A. 2C:44-1(a)(2); three (risk to reoffend), N.J.S.A. 2C:44-1(a)(3); and nine (need to deter), N.J.S.A. 2C:44-1(a)(9). Although defendant had not previously been convicted of ... a law-abiding life for a substantial period of time), N.J.S.A. 2C:44-1(b)(7), and gave it moderate weight. The court also found mitigating factor twelve (cooperation with law enforcement), N.J.S.A. 2C:44- 1(b)(12), and gave it 'lesser weight.' The court ...

docket:	a0667-16
court:	NJ Superior Court Appellate Division
decided:	2018-09-25
status:	Unpublished
citation:
Document Size:	53657