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826 STATE OF NEW JERSEY v. DEAVEN MIMS -- rank: 603

... distribution convictions; and that his prior offenses had been serious. N.J.S.A. 2C:44-1(a)(3), (6). The judge also found a need to deter Mims and others from such offenses. N.J.S.A. 2C:44-1(a)(9). He found no mitigating factors. After required mergers ...

docket:	a1015-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-06
status:	unpublished
citation:
Document Size:	59982

827 STATE OF NEW JERSEY v. KAREEM ALFORD -- rank: 603

... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3), and nine, "[t]he need for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. Our role ... youth, though he did not explicitly find mitigating factor thirteen. N.J.S.A. 2C:44-1(b)(13). We find no basis to conclude that the ...

docket:	A6549-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-09
status:	Published
citation:
Document Size:	61478

828 STATE OF NEW JERSEY v. GARY L. EDELSON -- rank: 603

... court found aggravating factors four, breach of a fiduciary responsibility, N.J.S.A. 2C:44-1(a)(4); and nine, need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found mitigating factors seven, defendant has no prior criminal record, N.J.S.A. 2C:44-1(b)(7); eight, the circumstances are unlikely to recur, N.J.S.A. 2C:44-1(b)(8); and eleven, incarceration will likely cause defendant undue hardship due to his ill health, N.J.S.A. 2C:44-1(b)(11). The court found that the aggravating factors outweighed ... indicated that defendant had shown little remorse for his actions. N.J.S.A. 2C:44-1(f)(2) provides that a defendant who is convicted ...

docket:	a1968-09
court:	NJ Superior Court Appellate Division
decided:	2011-03-21
status:	unpublished
citation:
Document Size:	28976

829 /usr/local/share/www/libweb/collections/courts/appellate/a2935-20.opn.html -- rank: 603

... can neither procedurally present an excessive sentencing argument consistent with N.J.S.A. 2C:44- 1(b)(14) nor meet the standards to show an illegal ... for deterring the defendant and others from violating the law. N.J.S.A. 2C:44- 1(a)(3), (9). The judge found no mitigating factors. The ... time of the commission of the offense, would apply under [N.J.S.A. 2C:44-1(b)(14)] as [d]efendant was [twenty-five] years old ... specifically, the risk that the defendant will commit another offense, [N.J.S.A. 2C:44-1(a)(3)], and the need for deterring the defendant and others from violat[ing] the law, [N.J.S.A. 2C:44-1(a)(9)]. While it is admirable that [d]efendant has ... age at the time of the commission of the offense.' N.J.S.A. 2C:44-1(b)(14). In 2021, we acknowledged the new mitigating ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	16924

830 STATE OF NEW JERSEY v. MARVIN DAMON -- rank: 603

... no mitigating factors weighed in favor of a reduced sentence. N.J.S.A. 2C:44-1(a)(3), (6), (9). In particular, the court rejected defendant ... imprisonment would entail excessive hardship to defendant or his dependents. N.J.S.A. 2C:44-1(b)(2), (11). Regarding mitigating factor two, the judge found ... degree aggravated assault, as charged, requires possession of a firearm. N.J.S.A. 2C:44-1(b)(4). As the trial court noted, however, the jury ...

docket:	a0486-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	39937

831 STATE OF NEW JERSEY v. ELGENUN B. PARISH -- rank: 603

... 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 ...

docket:	a4765-13
court:	NJ Superior Court Appellate Division
decided:	2017-02-01
status:	unpublished
citation:
Document Size:	34695

832 STATE OF NEW JERSEY v. ROBERT L. EVANS -- rank: 603

... factors. He found applicable factors three, six, nine, and eleven, N.J.S.A. 2C:44-1(a)(3), (6), (9), (11), and he gave them great ... that: his conduct did not cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(1); he did not contemplate that his conduct would cause serious harm, N.J.S.A. 2C:44- 1(b)(2); there were substantial grounds tending to excuse his conduct, claiming that defendant had a drug problem, N.J.S.A. 2C:44-1(b)(4); his prior criminal record was 'minim[al],' N.J.S.A. 2C:44-1(b)(7); his conduct was a result of circumstances unlikely to recur, N.J.S.A. 2C:44-1(b)(8); his attitude indicated he was unlikely to ...

docket:	a0489-14
court:	NJ Superior Court Appellate Division
decided:	2017-02-28
status:	Unpublished
citation:
Document Size:	32415

833 STATE OF NEW JERSEY v. HECTOR L. LOPEZ -- rank: 603

... eleven (imprisonment would cause excessive hardship to his three children), N.J.S.A. 2C:44-1(b)(11). That Lopez is the father of three children ...

docket:	a1167-12
court:	NJ Superior Court Appellate Division
decided:	2015-06-25
status:	unpublished
citation:
Document Size:	38226

834 STATE OF NEW JERSEY v. ANTWIONE A. PARSLEY -- rank: 603

... involving weapons offenses, the judge found that aggravating factors three, N.J.S.A. 2C:44-1(a)(3), the risk of re-offense; 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 for deterrence, should be given full ...

docket:	a2001-12
court:	NJ Superior Court Appellate Division
decided:	2015-04-06
status:	unpublished
citation:
Document Size:	46400

835 STATE OF NEW JERSEY VS. E.E. -- rank: 603

... only found aggravating factors: three, the risk of re-offense, N.J.S.A. 2C:44-1(a)(3); and nine, the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9); and mitigating factor seven, that defendant lacked a criminal history or led a law- abiding life, N.J.S.A. 2C:44-1(b)(7). Therefore, he should not have concluded the aggravating ... and attitude indicate he is unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), and eleven, defendant's imprisonment would entail an ... identify and balance the aggravating and mitigating factors pursuant to N.J.S.A. 2C:44-1(a) and (b) and explain the factual basis supporting its ...

docket:	a1216-22
court:	appellate
decided:	2024-05-06
status:	Unpublished
citation:
Document Size:	39934

836 STATE OF NEW JERSEY v. VICTOR MUGLIA, III -- rank: 603

... his sentence. Here, the trial court found aggravating factors one, N.J.S.A. 2C:44-1(a)(1) (nature and circumstances of the offense, including whether ... committed in an especially heinous, cruel, or depraved manner"); 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). The court also found mitigating factor seven, N.J.S.A. 2C:44-1(b)(7) (no prior criminal history), but determined that aggravating ... psychological problems, the court should have found mitigating factor four, N.J.S.A. 2C:44-1(b)(4) ("substantial grounds tending to excuse or justify [] defendant ...

docket:	a4368-10
court:	NJ Superior Court Appellate Division
decided:	2013-01-17
status:	unpublished
citation:
Document Size:	58521

837 STATE OF NEW JERSEY v. DARRELL N. MOORE -- rank: 603

... convictions. In imposing sentence, the judge found three aggravating factors: N.J.S.A. 2C:44-1(a)(3), "[t]he risk that the defendant will commit another offense"; N.J.S.A. 2C:44-1(a)(6), "[t]he extent of the defendant’s prior ... of the offenses for which he has been convicted"; and N.J.S.A. 2C:44-1(a)(9), "[t]he need for deterring the defendant and ... Defendant maintains the judge should have found mitigating factor eleven, N.J.S.A. 2C:44-1(b)(11) ("imprisonment of the defendant would entail excessive hardship ... of the aggravating factors to those that are enumerated in N.J.S.A. 2C:44-1(a). A sentencing court "lacks the power to import aggravating ... encompassed within the list of aggravating factors set forth in N.J.S.A. 2C:44-1(a) -- the judge ran afoul of the admonition of ...

docket:	a5084-09
court:	NJ Superior Court Appellate Division
decided:	2012-05-08
status:	unpublished
citation:
Document Size:	47327

838 STATE OF NEW JERSEY v. KAREEM ALFORD -- rank: 603

... t]he risk that the defendant will commit another offense," N.J.S.A. 2C:44-1(a)(3), and nine, "[t]he need for deterring the defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(9). The judge found no mitigating factors. Our role ... youth, though he did not explicitly find mitigating factor thirteen. N.J.S.A. 2C:44-1(b)(13). We find no basis to conclude that the ...

docket:	A5827-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-05-09
status:	Published
citation:
Document Size:	61478

839 /usr/local/share/www/libweb/collections/courts/appellate/a5387-17.opn.html -- rank: 603

... to find mitigating factors three ('defendant acted under strong provocation'), N.J.S.A. 2C: 44-1(b)(3), and five (the victim's conduct induced or facilitated the commission of the crime), N.J.S.A. 2C:44-1(b)(5), because there was evidence that defendant, Nokes's ... factor three (the risk that defendant would commit another crime), N.J.S.A. 2C:44-1(a)(3); aggravating factor six (the extent of defendant's ... and seriousness of the offenses which he was previously convicted), N.J.S.A. 2C:44-1(a)(6); and aggravating factor nine (the need to deter defendant and other individuals from violating the law), N.J.S.A. 2C:44-1(a)(9). Finding no mitigating factors under N.J.S.A. 2C:44-1(b) applied, the judge found 'the aggravating factors clearly ...

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840 STATE OF NEW JERSEY v. RAHEEM D. SIMMONS -- rank: 603

... resentencing in light of the Legislature's recent passage of N.J.S.A. 2C:44-1(b)(14), establishing youth as a mitigating factor. Lastly, defendant ... SHOULD BE REMANDED FOR RESENTENCING BASED ON THE PASSAGE OF N.J.S.A. 2C:44-1(b)(14) AS A NEW MITIGATING SENTENCING FACTOR. POINT IV ... the offense. Defendant's Entitlement to Resentencing in light of N.J.S.A. 2C:44- 1(b)(14) On October 19, 2020, the Legislature amended N.J.S.A. 2C:44-1, which allows a sentencing judge to consider a defendant's youth as a statutory mitigating factor. Specifically, N.J.S.A. 2C:44-1(b)(14) now provides that a A-1633-20 12 ... the Court is whether , and if so, to what extent, N.J.S.A. 2C:44-1(b)(14) applies retroactively. Unless and until such time ...

docket:	a1633-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-14
status:	Unpublished
citation:
Document Size:	34598