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706 STATE OF NEW JERSEY v. HANSEL J OJEDA-NORIEGA -- rank: 618

... on an elderly gentleman[,]" the judge found aggravating factors nine, N.J.S.A. 2C:44-1(a)(9), and twelve, N.J.S.A. 2C:44 1(a)(12). He also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7), because defendant had no prior criminal history. After ... as defendant now argues on appeal, that mitigating factor eight, N.J.S.A. 2C:44-1(b)(8), "defendant's conduct was the result of circumstances ... work history and remorse suffice to create a record supporting N.J.S.A. 2C:44-1(b)(9), that the "character and attitude of the defendant ...

docket:	a3814-11
court:	NJ Superior Court Appellate Division
decided:	2014-11-25
status:	unpublished
citation:
Document Size:	43396

707 STATE OF NEW JERSEY v. LAVELLE DAVIS -- rank: 618

... nature and circumstances of the A-5915-17 57 offense, N.J.S.A. 2C:44-1(a)(1), because, apart from the murders, Frasier had been ... It found the third aggravating factor, the risk of reoffense, N.J.S.A. 2C:44-1(a)(3), noting that his prior convictions had not served ... of the offender's criminal record and need for deterrence, N.J.S.A. 2C:44-1(a)(6), and (9), respectively. The court found no mitigating ...

docket:	a5915-17
court:	NJ Superior Court Appellate Division
decided:	2021-01-27
status:	Unpublished
citation:
Document Size:	99053

708 /usr/local/share/www/libweb/collections/courts/appellate/a4176-17.opn.html -- rank: 618

... factor three, the risk that defendant would commit another crime, N.J.S.A. 2C:44-1(a)(3), and gave it high consideration; aggravating factor six ... and seriousness of the offenses which he was previously convicted, N.J.S.A. 2C:44-1(a)(6), and gave it moderate consideration; aggravating factor nine ... to deter defendant and other individuals from violating the law, N.J.S.A. 2C:44-1(a)(9), and gave it high consideration; and mitigating factor ... imprisonment would cause excessive hardship to himself or his dependents, N.J.S.A. 2C:44-1(b)(11), and afforded it low consideration. The court found ... as one of the many reasons supporting aggravating factor nine, N.J.S.A. 2C:44-1(a)(9)). A-4176-17T4 26 The trial court based ...

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709 STATE OF NEW JERSEY v. COLBY DESSOURCES -- rank: 618

... counsel asked the judge to apply two mitigating factors under N.J.S.A. 2C:44-1(b). Specifically, defendant requested mitigating factor seven, N.J.S.A. 2C:44- 1(b)(7), no criminal history, and mitigating factor eleven, N.J.S.A. 2C:44- 1(b)(11), excessive hardship to his dependents. The judge found ... for application of mitigating factors two, four, eight, and nine. N.J.S.A. 2C:44-1(b)(2), (4), (8), and (9). Thus, defendant asserted he ... contemplate that his conduct would cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(2), was inapplicable. Defendant admitted to driving his vehicle ... factor four, substantial grounds excusing or justifying defendant's conduct, N.J.S.A. 2C:44-1(b)(4), was inapplicable. Defendant argues this factor was ...

docket:	a0242-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-22
status:	Unpublished
citation:
Document Size:	18546

710 STATE OF NEW JERSEY v. JAMES A. STUART -- rank: 618

... was committed in an especially heinous, cruel, or depraved manner ( N.J.S.A. 2C:44-1(a)(1)); factor three, the risk of re-offense ( N.J.S.A. 2C:44-1(a)(3)); and factor nine, the need for deterrence ( N.J.S.A. 2C:44-1(a)(9)). The sentencing court also found mitigating factors two ... contemplate that his conduct would cause or threaten serious harm ( N.J.S.A. 2C:44-1(b)(2)); factor four, there were substantial grounds tending to ... 4)); and factor seven, defendant had no prior criminal record ( N.J.S.A. 2C:44-1(b)(7)). Having reviewed the sentencing record, we find no ...

docket:	a1627-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-02
status:	Unpublished
citation:
Document Size:	37667

711 /usr/local/share/www/libweb/collections/courts/appellate/a3231-18.opn.html -- rank: 618

... 3231-18 26 Here, the judge found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); four, N.J.S.A. 2C:44-1(a)(4) (defendant took advantage of a position of trust or confidence to commit the offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of defendant's prior criminal record and ... the offenses for which he has been convicted); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating ...

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712 STATE OF NEW JERSEY v. JAWORSKI SNEED -- rank: 618

... argues that the court erred in finding aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of recidivism), and nine, N.J.S.A. 2C:44-1(a)(9) (need for deterrence), and that because he was ... shoot the victim. Defendant also argued for mitigating factor thirteen, N.J.S.A. 2C:44-1(b)(13) (youthful defendant influenced by mature person), asserting that ... one, which the court neither found nor even mentioned. See N.J.S.A. 2C:44-1(a)(1) (considering "[t] he nature and circumstances of the ...

docket:	a5865-12
court:	NJ Superior Court Appellate Division
decided:	2016-08-05
status:	unpublished
citation:
Document Size:	61105

713 /usr/local/share/www/libweb/collections/courts/appellate/a3514-17.opn.html -- rank: 618

... identify any relevant aggravating and mitigating factors set forth at N.J.S.A. 2C:44-1(a) and (b) that apply to the case.' State v ... whether a defendant's criminal history encompasses violent crimes. See N.J.S.A. 2C:44-1(a)(6) ('The extent of the defendant's prior criminal ...

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714 STATE OF NEW JERSEY v. B.A.W. -- rank: 618

... the court's assessment of aggravating and mitigating factors. See N.J.S.A. 2C:44-1(a) and (b). The State acknowledges the court failed to ...

docket:	a0486-20
court:	NJ Superior Court Appellate Division
decided:	2024-01-09
status:	Unpublished
citation:
Document Size:	73848

715 /usr/local/share/www/libweb/collections/courts/appellate/a3410-20.opn.html -- rank: 618

... imprisonment would entail excessive hardship to defendant and his dependents, N.J.S.A. 2C:44-1(b)(11). Unpersuaded by defendant's arguments, we affirm. I ... not include any findings of aggravating and mitigating factors. See N.J.S.A. 2C:44-1(a) and (b). On defendant's direct appeal from his ... aggravating factors three, the risk defendant will commit another offense, N.J.S.A. 2C:44-1(a)(3); six, defendant's prior criminal 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 found mitigating factor six, defendant has or will compensate the victim of his crime, N.J.S.A. 2C:44-1(b)(6). Based on defendant's failure to comply ...

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court:	NJ Superior Court Law/Chancery Division
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716 STATE OF NEW JERSEY v. MARTIN DELVALLE -- rank: 618

... The court found aggravating factors three, six, and nine, see N.J.S.A. 2C:44- 1(a)(3) (the risk of re-offense); (a)(6) (the ... and others), substantially outweighed the absence of mitigating factors, see N.J.S.A. 2C:44-1(b)(1) to A-5586-17 23 (b)(14). With ...

docket:	a5586-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-03
status:	Unpublished
citation:
Document Size:	45724

717 STATE OF NEW JERSEY v. RASHAWN CARTER, -- rank: 618

... found aggravating factors one, three, six and nine pursuant to N.J.S.A. 2C:44-1(a). The record amply supports the court's detailed findings ...

docket:	a1132-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-17
status:
citation:
Document Size:	78821

718 STATE OF NEW JERSEY v. THOMAS A. WALLACE -- rank: 618

... a qualitative assessment of the aggravating and mitigating factors under N.J.S.A. 2C:44-1(a) and (b), that argument is belied by the record ... aggravating factors three, the risk defendant would 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). The court did not find any mitigating factors. See N.J.S.A. 2C:44-1(b)(1) to (13). 5 In their merits briefs, both ...

docket:	a1081-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	30911

719 STATE OF NEW JERSEY v. GREIVIN ESTRADA -- rank: 618

... the trial court found aggravating factors one, three, and nine, N.J.S.A. 2C:44-1(a)(1), (3) and (9), mitigating factor, N.J.S.A. 2C:44-1(b)(7), and that the aggravating factors substantially outweighed the ... charge, the trial court found aggravating factors three and nine, N.J.S.A. 2C:44-1(a)(3) and (9), no mitigating factors, and sentenced defendant ... argued for a sentencing downgrade to a lower degree under N.J.S.A. 2C:44- 1(f)(2). The PCR judge issued an order and oral ... one-degree lower also lacks merit. A sentencing downgrade under N.J.S.A. 2C:44-1(f)(2) is appropriate only if 'the court is clearly ...

docket:	a3763-19
court:	NJ Superior Court Appellate Division
decided:	2021-11-09
status:	Unpublished
citation:
Document Size:	34015

720 STATE OF NEW JERSEY v. PABLO GUZMAN -- rank: 618

... such offenses. He argues that mitigating factors one and two, N.J.S.A. 2C:44-1(b)(1) and (2), should have been applied, namely, that ... also argues that the court double-counted aggravating factor three, N.J.S.A. 2C:44-1(a)(3), the risk that defendant will commit another crime, and aggravating factor six, N.J.S.A. 2C:44-1(a)(6), the extent of his prior criminal record, because ... sentencing court appropriately found aggravating factors three, six, and nine, N.J.S.A. 2C:44-1(a)(9), and no mitigating factors. The court considered whether ...

docket:	a2437-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-17
status:	unpublished
citation:
Document Size:	31869