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721 STATE OF NEW JERSEY v. J.S. -- rank: 618

... was committed in an especially heinous, cruel, or depraved manner.' N.J.S.A. 2C:44-1(a)(1). Aggravating factor two requires the judge to assess ... incapable of exercising normal physical or mental power of resistance. [N.J.S.A. 2C:44-1(a)(2).] Defendant contends the sentencing court erred in finding ... Further, the record supports the inapplicability of mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11), because defendant's children would not suffer excessive ...

docket:	a3515-15
court:	New Jersey Superior Court Appellate Division
decided:	2018-07-19
status:
citation:
Document Size:	51222

722 STATE OF NEW JERSEY v. GRADY A. BLUE -- rank: 618

... as a mitigating factor at sentencing. Additionally, defendant argues that N.J.S.A. 2C:44- - 1(b)(14), which the Legislature adopted after defendant's sentencing ... New Jersey. At sentencing, the trial court found aggravating factors N.J.S.A. 2C:44- - 1(a)(3), the risk that defendant will commit another offense; N.J.S.A. 2C:44- - 1(a)(6), the extent of the defendant's prior criminal ... of the offenses of which he has been convicted; and N.J.S.A. 2C:44-1(a)(9), the need for deterring defendant and others from ... statutorily required to consider age as a mitigating factor under N.J.S.A. 2C:44-1(b)(14), and that mitigating factor fourteen was not a ... AGE AT THE TIME OF THE COMMISSION OF THE OFFENSE,' N.J.S.A. 2C:44- 1(B)(14), AND BECAUSE THE TRIAL COURT ERRED IN ...

docket:	a1833-21
court:	NJ Superior Court Appellate Division
decided:	2023-02-14
status:	Unpublished
citation:
Document Size:	19058

723 STATE OF NEW JERSEY v. ALVERO VILLANUEVA -- rank: 618

... Court To Sentence The Defendant A Degree Lower Pursuant to N.J.S.A. 2C:44-1(f)(2). D. Both Ineffective Assistance Prongs Under the Strickland ... had reviewed the presentence report and found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk of committing another offense), and nine, (a ... sentencing counsel had argued the presence of mitigating factors four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds to excuse or justify defendant's ... sentenced defendant within the second-degree crime range, pursuant to N.J.S.A. 2C:44-1(f)(2). PCR counsel further argued that those mitigating factors ... for prosecution. 3 Thankfully, the shot was not fatal. 4 N.J.S.A. 2C:44-1(b)(1) to (b)(13). 5 Strickland v. Washington , 466 ... S. Ct . 2052, 80 L. Ed.2d 674 (1984). 6 N.J.S.A. 2C:44-1(f)(2) provides that, In cases of convictions for ...

docket:	a3677-11
court:	NJ Superior Court Appellate Division
decided:	2014-04-16
status:	unpublished
citation:
Document Size:	32019

724 STATE OF NEW JERSEY v. DIONYS RIVAS -- rank: 618

... factors: the likelihood that the defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the need to deter the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9); and the fact that the offense was committed ... should have known was 60 years of age or older, N.J.S.A. 2C:44-1(a)(12). Defendant argues that the trial court's explanation ... failed to take into consideration a mitigating factor identified in N.J.S.A. 2C:44-1(b) that was supported by the evidence in the case ... substantially influenced by another person more mature than the defendant. N.J.S.A. 2C:44-1(b)(13). That was not the case here. This archive ...

docket:	a2823-08
court:	superior court trial
decided:	2011-02-24
status:	unpublished
citation:
Document Size:	55230

725 STATE OF NEW JERSEY v. ALI BERGER -- rank: 618

... counsel further argued for the application of mitigating factors: nine, N.J.S.A. 2C:44- 1(b)(9), 'character and attitude of the defendant indicate that ... the defendant is unlikely to commit another offense,' and eleven, N.J.S.A. 2C:44-1(b)(11), 'imprisonment of the defendant would entail excessive hardship ... State submitted that the court should find 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), 'extent of the defendant's prior criminal record ... offenses of which the defendant has been convicted,' and nine, N.J.S.A. 2C:44-1(a)(9), 'need for deterring the defendant and others from ... defendant argues plea counsel failed to seek mitigating factors: four, N.J.S.A. 2C:44-1(b)(4), '[t]here were substantial grounds tending to ...

docket:	a3100-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	21521

726 STATE OF NEW JERSEY v. JONATHAN L. SYLVESTER -- rank: 618

... found aggravating factors one, two, three, six, and nine of N.J.S.A. 2C:44-1(a) applied. He found no mitigating factors applied. The judge ... 364- 65 (1984)). Here, the judge found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense); two, N.J.S.A. 2C:44-1(a)(2) (gravity and seriousness of the harm); three, N.J.S.A. 2C:44-1(a)(3) (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 judge found no ...

docket:	a0899-17
court:	NJ Superior Court Appellate Division
decided:	2019-10-16
status:	Unpublished
citation:
Document Size:	48334

727 STATE OF NEW JERSEY v. DAVID J. COURSEN -- rank: 618

... Again, we disagree. The trial court found aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter defendant and others from violating the law). The court also found mitigating factors two, N.J.S.A. 2C:44-1(b)(2) ("defendant did not contemplate that his conduct would case or threaten serious harm"); and seven, N.J.S.A. 2C:44-1(b)(7) (defendant had no prior history of criminal activity ... that the court also should have found mitigating factors four, N.J.S.A. 2C:44-1(b)(4) (substantial grounds tending to excuse or justify defendant's conduct); five, N.J.S.A. 2C:44-1(b)(5) (the victim induced defendant's conduct or ...

docket:	a1202-08
court:	NJ Superior Court Appellate Division
decided:	2011-03-31
status:	unpublished
citation:
Document Size:	39670

728 STATE OF NEW JERSEY v. JOSEPH JOHNSON -- rank: 618

... applied aggravating factor three, the risk that defendant will recidivate, N.J.S.A. 2C:44-1(a)(3); aggravating factor six, the extent of defendant's prior criminal record and the seriousness of the offense, N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine, the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The trial court found no mitigating factors. The ...

docket:	a1131-09
court:	NJ Superior Court Appellate Division
decided:	2012-03-12
status:	unpublished
citation:
Document Size:	61740

729 STATE OF NEW JERSEY v. ANDRE D. WESLEY -- rank: 616

... judge found aggravating factors one, three, six and nine. See N.J.S.A. 2C:44-1(a)(1) (the crimes were 'committed in an especially heinous ... sentencing decisions includes application of the factors set forth in N.J.S.A. 2C:44-1(a) and (b): appellate courts do not ''substitute [their] assessment ...

docket:	a3204-18
court:	NJ Superior Court Appellate Division
decided:	2022-11-01
status:	Unpublished
citation:
Document Size:	52554

730 STATE OF NEW JERSEY v. KENNETH M BACON-VAUGHTERS -- rank: 616

... for mitigating factor twelve (defendant cooperated with law enforcement). See N.J.S.A. 2C:44-1(a)-(b). Defendant argues the trial court did not properly ... substantial grounds tending to excuse or justify defendant's conduct). N.J.S.A. 2C:44-1(b)(4). Defendant points to his intermittent homelessness and stable ...

docket:	a0583-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-25
status:	unpublished
citation:
Document Size:	59698

731 STATE OF NEW JERSEY v. COURTNEY SIMPSON -- rank: 616

... 17T2 25 At sentencing, the judge found mitigating factor seven, N.J.S.A. 2C:44- 1(b)(7), based on defendant having previously led 'a law ... 142 (App. Div. 1991), the judge found aggravating factor three, N.J.S.A. 2C:44-1(a)(3), based on defendant's 'risk of re-offending,' and aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), based on the need for deterrence. In Carey ... 153-54. A-4202-17T2 26 Here, regarding aggravating factor N.J.S.A. 2C:44-1(a)(3), the judge stated he was 'disturbed by a ... denial [of] responsibility on [defendant's] part.' Regarding aggravating factor N.J.S.A. 2C:44-1(a)(9), the judge explained that 'by everyone's admission ...

docket:	a4202-17
court:	NJ Superior Court Appellate Division
decided:	2020-05-06
status:	Unpublished
citation:
Document Size:	50862

732 STATE OF NEW JERSEY v. ANGEL JIMENEZ -- rank: 616

... the record supports the judge's findings of aggravating factors N.J.S.A. 2C:44-1(a)(3 ) (t he risk that the defendant will commit ...

docket:	a4280-09
court:	NJ Superior Court Appellate Division
decided:	2014-03-10
status:	unpublished
citation:
Document Size:	80850

733 STATE OF NEW JERSEY v. M.E.D. -- rank: 616

... s conduct was the result of circumstances unlikely to recur. N.J.S.A. 2C:44-1(b) (4), (7) & (8). The court found aggravating factors one ... need to deter defendant and others from violating the law. N.J.S.A. 2C:44-1(a) (1), (2) & (9). Defendant argues that the court erred ... incapable of exercising normal physical or mental power of resistance. [ N.J.S.A. 2C:44-1(a)(2).] The trial court applied this factor based on ... the court erred in finding the aggravating factor of deterrence, N.J.S.A. 2C:44-1(a)(9), and the mitigating factor that the conduct is unlikely to recur, N.J.S.A. 2C:44-1(b)(8), because the two rarely appear in the same ...

docket:	a1810-14
court:	NJ Superior Court Appellate Division
decided:	2017-07-07
status:	unpublished
citation:
Document Size:	38827

734 STATE OF NEW JERSEY v. CURTIS A. FRANKLIN -- rank: 616

... the trial court improperly recognized aggravating factors one and two, N.J.S.A. 2C:44-1(a)(1) and (2), and erred in ordering his sentence ... identify any relevant aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b) that apply to the case." State v ... was committed in an especially heinous, cruel, or depraved manner[.]" N.J.S.A. 2C:44-1(a)(1). When assessing whether this factor applies, "the sentencing ...

docket:	a0198-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-23
status:	unpublished
citation:
Document Size:	61301

735 STATE OF NEW JERSEY v. E.R.-L -- rank: 616

... 18 7 At sentencing, the judge found aggravating factor two, N.J.S.A. 2C:44- 1(a)(2) ('[t]he gravity and seriousness of harm inflicted ... her stepfather.' In addition, the court found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9) ('[t]he need for deterring the defendant and ... that [factor] heavily.' The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) ('[t]he defendant has no history of prior ... court must examine the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1(a) and (b). Id. at 72. Each factor found by ...

docket:	a3188-18
court:	NJ Superior Court Appellate Division
decided:	2021-12-02
status:	Unpublished
citation:
Document Size:	51345