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661 STATE OF NEW JERSEY v. MARK A. LITTLE -- rank: 625

... four aggravating factors: the risk defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9); the fact that the offense was committed against ... should have known was sixty years of age or older, N.J.S.A. 2C:44-1(a)(12); and defendant used or possessed a stolen vehicle while committing the crime or in flight thereafter, N.J.S.A. 2C:44-1(a)(13). The judge found no mitigating factors and determined ... period of time before the commission of the present offense[.]" N.J.S.A. 2C:44-1(b)(7). The judge noted that defendant had two prior ... Finally, defendant argues the judge erroneously considered aggravating factor one, N.J.S.A. 2C:44-1(a)(1). That factor is mentioned in the judgment ...

docket:	a2180-10
court:	NJ Superior Court Appellate Division
decided:	2014-01-22
status:	unpublished
citation:
Document Size:	63736

662 STATE OF NEW JERSEY v. DARIEN L. MARTIN -- rank: 625

... A qualitative analysis requires consideration of the sentencing factors under N.J.S.A. 2C:44-1. Id. at 72. First, the sentencing judge must identify whether any aggravating factors under N.J.S.A. 2C:44-1(a) apply, and whether any mitigating factors under N.J.S.A. 2C:44-1(b) apply. Ibid. 'Each factor found by the trial court ... 74. Indeed, 'a trial court should explain its analysis of N.J.S.A. 2C:44-1's aggravating and mitigating factors with care and precision,' to ... violating the law.'' Id. at 78 (alteration in original) (quoting N.J.S.A. 2C:44-1(a)(9)). On this factor, the court's determination must ... the offense was 'the result of circumstances unlikely to recur,' N.J.S.A. 2C:44- 1(b)(8)) applied, which further 'complicated' its finding of ...

docket:	a3392-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-31
status:	Unpublished
citation:
Document Size:	69541

663 STATE OF NEW JERSEY , v. ANDRES I. CHAVARRIA -- rank: 623

... conviction of an offense, the presumption of non-incarceration under N.J.S.A. 2C:44-1(e) applied. 105 N.J. at 418-20. In its ...

docket:	a4473-18
court:	NJ Superior Court Appellate Division
decided:	2020-06-04
status:	Published
citation:
Document Size:	60650

664 STATE OF NEW JERSEY v. ROMULO GREGORIO -- rank: 623

... mitigating factor seven, the absence of a prior criminal history. N.J.S.A. 2C:44-1(b)(7). The court found only aggravating factor nine applicable ... need to deter defendant and others from committing such crimes. N.J.S.A. 2C:44-1(a)(9). The court determined that the aggravating factor outweighed ... one aggravating factor, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9), and one mitigating factor, defendant's lack of any criminal record, N.J.S.A. 2C:44-1(b)(7). These findings were supported by the record. See ... the offenses were the result of circumstances unlikely to recur. N.J.S.A. 2C:44-1(b)(8). Although defendant was not previously convicted or even ...

docket:	a5383-11
court:	NJ Superior Court Appellate Division
decided:	2015-04-24
status:	unpublished
citation:
Document Size:	49585

665 STATE OF NEW JERSEY v. J.R.D. -- rank: 623

... need [to] deter [] defendant and others from violating the law[.]" N.J.S.A. 2C:44-1(a)(1),(2),(3),(4), and (9). The trial court ... no breach of a position of public trust. We disagree. N.J.S.A. 2C:44-1(a)(4) states: "A lesser sentence will depreciate the seriousness ... same statute. Again, defendant reads the statutory factor too narrowly. N.J.S.A. 2C:44-1(a)(1) states the following is an aggravating circumstance: The ...

docket:	a3476-08
court:	NJ Superior Court Appellate Division
decided:	2012-11-02
status:	unpublished
citation:
Document Size:	62946

666 STATE OF NEW JERSEY v. RAYMOND FERGUSON -- rank: 623

... expressly decide the motion. The court applied aggravating factor two, N.J.S.A. 2C:44-1(a)(2): The gravity and seriousness of harm inflicted on ... of his life, the court also applied aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk of reoffending; 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 to deter. The court rejected defendant's ... not err in applying aggravating factor two to this case. N.J.S.A. 2C:44-1(a)(2). The victims were elderly, infirm, and vulnerable, and ...

docket:	a5379-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-07
status:	unpublished
citation:
Document Size:	31311

667 STATE OF NEW JERSEY v. ALKAREEM R. THOMAS -- rank: 623

... The sentencing court found aggravating factors (1), (3) and (9), N.J.S.A. 2C:44-1(a)(1), (3) and (9), and no mitigating factors. Defendant ... was committed in an especially heinous, cruel, or depraved manner." N.J.S.A. 2C:44-1(a)(1). A sentencing court must avoid "double-counting" facts ...

docket:	a6289-11
court:	NJ Superior Court Appellate Division
decided:	2015-06-10
status:	unpublished
citation:
Document Size:	79751

668 STATE OF NEW JERSEY v. DREU FERGUSON JR. -- rank: 623

... sentencing, the court determined the following aggravating factors applied: three, N.J.S.A. 2C:44-1(a)(3) (the risk of reoffending); six, N.J.S.A. 2C:44-1(a)(6) (prior criminal record); and nine, N.J.S.A. 2C:44-1(a)(9) (the need to deter). The court also found mitigating factor four applied, N.J.S.A. 2C:44-1(b)(4) (substantial grounds existed to excuse or justify the ... defense). Defendant contends the court applied the first aggravating factor, N.J.S.A. 2C:44-1(a)(1) (the nature and circumstances of the offense, including ...

docket:	a5225-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-11
status:	unpublished
citation:
Document Size:	42034

669 STATE OF NEW JERSEY v. MATTHEW H. CABRITA -- rank: 623

... deterrence, the judge found aggravating factors three and nine. See N.J.S.A. 2C:44-1(a)(3), (9). On the other hand, given the absence ... enforcement, the judge found mitigating factors seven, eleven, and twelve. N.J.S.A. 2C:44-1(b)(7), (11), (12). The judge concluded that although 'the ... offender to a sentence one degree lower is governed by N.J.S.A. 2C:44- 1(f)(2), which provides, in pertinent part: In cases of ... justice demand[s] a downgraded sentence,' id. at 496 (quoting N.J.S.A. 2C:44-1(f)(2)). The Court further explained that in applying this ...

docket:	a2980-21
court:	NJ Superior Court Appellate Division
decided:	2024-01-25
status:	Unpublished
citation:
Document Size:	42053

670 STATE OF NEW JERSEY v. JAMES T. CRAWFORD -- rank: 623

... trial court found aggravating factor three, the risk of reoffense, N.J.S.A. 2C:44-1(a)(3); factor six, the extent of defendant's prior criminal history, N.J.S.A. 2C:44-1(a)(6); and factor nine, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). The judge did find factor two in mitigation ... not contemplate his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2). Defendant had been arrested on thirty-three prior ...

docket:	a5572-07
court:	NJ Superior Court Appellate Division
decided:	2010-11-29
status:	unpublished
citation:
Document Size:	30975

671 STATE OF NEW JERSEY v. ROY W. HARTE -- rank: 623

... evidence. IV. At sentencing, the judge found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ("The need for deterring . . . defendant and others from violating the law"), and mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (defendant's lack of "prior delinquency or criminal ... State v. Fuentes , 217 N.J. 57 , 79 (2014) (quoting N.J.S.A. 2C:44-1(a)(9)). The judge clearly explained the need to deter ... plaintiff argues the judge should have found mitigating factors eight, N.J.S.A. 2C:44-1(b)(8) ("[D]efendant's conduct was the result of circumstances unlikely to recur."); nine, N.J.S.A. 2C:44-1(b)(9) ("[T]he character and attitude . . . of defendant indicate that he is unlikely to commit another offense."); eleven, N.J.S.A. 2C:44-1(b)(11) ("[T]he imprisonment of . . . defendant would entail ...

docket:	a5385-11
court:	NJ Superior Court Appellate Division
decided:	2015-01-12
status:	unpublished
citation:
Document Size:	52858

672 STATE OF NEW JERSEY v. JAMES HABEL -- rank: 623

... defendant was particularly likely to respond affirmatively to probationary treatment, N.J.S.A. 2C:44-1(b)(10); treated count one, official misconduct, as a downgraded third- degree offense pursuant to N.J.S.A. 2C:44-1(f)(2); waived the presumption of incarceration and sentenced defendant to probation under N.J.S.A. 2C:44-1(d); and eliminated or reduced the parole disqualifier under N ... need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9), and mitigating factor seven, defendant had no history of prior delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7), were supported by evidence in the record. See ...

docket:	a1473-15
court:	NJ Superior Court Appellate Division
decided:	2018-04-10
status:	unpublished
citation:
Document Size:	107619

673 STATE OF NEW JERSEY v. SHUN OATIS -- rank: 623

... prior criminal record and posed a risk of reoffending. See N.J.S.A. 2C:44-1(a)(3), (6). The court also found a need to deter. See N.J.S.A. 2C:44-1(a)(9). The court found no mitigating factors. The court ... warrant a finding that it was a mitigating factor. See N.J.S.A. 2C:44-1(b)(11). There also was insufficient evidence, especially in view ... record, to find the circumstances were unlikely to recur. See N.J.S.A. 2C:44-1(b)(8). The court rejected the likelihood that defendant would pay restitution. See N.J.S.A. 2C:44-1(b)(6). Judge Moynihan also stated that the prior altercation ... BC did not excuse or justify defendant's behavior. See N.J.S.A. 2C:44-1(b)(4). The court finally considered the recklessness and ...

docket:	a2266-11
court:	NJ Superior Court Appellate Division
decided:	2014-03-11
status:	unpublished
citation:
Document Size:	37375

674 /usr/local/share/www/libweb/collections/courts/appellate/a2338-19.opn.html -- rank: 623

... the applicable statutory factors. The court found aggravating factors three, N.J.S.A. 2C:44- - 1(a)(3) ('[t]he risk that . . . defendant will commit another offense'); six, N.J.S.A. 2C:44-1(a)(6) ('[t]he extent of the defendant's prior ... defendant has been convicted'); and A-2338-19 12 nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... also considered the applicable mitigating factors, finding mitigating factor six, N.J.S.A. 2C:44-1(b)(6) ('[t]he defendant has compensated or will compensate ... will participate in a program of community service'), and ten, N.J.S.A. 2C:44-1(b)(10) ('defendant is particularly likely to respond affirmatively to ... to succeed.' The judge declined to find mitigating factor one, N.J.S.A. 2C:44-1(b)(1) ('[t]he defendant's conduct neither caused ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	28465

675 /usr/local/share/www/libweb/collections/courts/appellate/a2328-19.opn.html -- rank: 623

... failed to consider mitigating factor A-2328-19 20 eleven, N.J.S.A. 2C:44-1(b)(11), (excessive hardship resulting from imprisonment). We are not ... three (risk of reoffense), six, (criminal history), and nine (deterrence), N.J.S.A. 2C:44-1(a)(3)(6) and (9). He also found mitigating factor six, N.J.S.A. 2C:44-1(b)(6) (restitution). The judge explained his findings, noting: This ... sentenced defendant in 2012 found aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1) and (2). The judge on the instant matter ...

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