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91 STATE OF NEW JERSEY VS. TATIANA COLE -- rank: 740

... three (risk of re-offense) and nine (need to deter). N.J.S.A. 2C:44-1(a)(3) and (9). He also noted defendant 'had some ... nine (character and attitude) and twelve (cooperation with law enforcement). N.J.S.A. 2C:44-1(b)(7), (9) and (12). The judge concluded aggravating factor ... she was entitled to the benefit of mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14),1 because she committed the robbery while under ... was entitled to a resentencing based on the enactment of N.J.S.A. 2C:44-1(b)(14). On February 7, 2023, the parties appeared for ... of the hearing, PCR counsel withdrew defendant's claim 1 N.J.S.A. 2C:44-1(b)(14), which became effective on October 19, 2020, is ... renewed her argument that defendant should be resentenced based on N.J.S.A. 2C:44-1(b)(14) because defendant was under the age of ...

docket:	a2546-22
court:	appellate
decided:	2024-05-29
status:	Unpublished
citation:
Document Size:	37434

92 STATE OF NEW JERSEY v. LEE M. TRAVERS -- rank: 740

... found mitigating factor seven, defendant's prior law- abiding life, N.J.S.A. 2C:44-1(b)(7), but gave the mitigating factor 'very, very slight ... aggravating factors one, the nature and circumstances of the offense, N.J.S.A. 2C:44-1(a)(1); three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); 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 factor one applied because the ...

docket:	a3277-16
court:	NJ Superior Court Appellate Division
decided:	2019-01-02
status:	Unpublished
citation:
Document Size:	40608

93 State v. Mark Melvin -- rank: 740

... to an extended term based on his criminal history. See N.J.S.A. 2C:44- 1 The State dismissed Count IV prior to the start of ... to deter defendant and others from violating the law). See N.J.S.A. 2C:44-1(a)(3), (6), (9). The court did not apply any ... and mitigating factors and determined that aggravating factors three, five ( N.J.S.A 2C:44-1(a)(5), substantial likelihood that the defendant is involved in ... and nine applied. The court also applied mitigating factor seven, N.J.S.A 2C:44-1(b)(7) (no criminal history or substantial period of time ...

docket:	a-13-20
court:	NJ Supreme Court
decided:	2021-09-23
status:
citation:
Document Size:	88852

94 STATE OF NEW JERSEY v. ERIC PATTERSON -- rank: 740

... these matters to address both defendants' argument on appeal that N.J.S.A. 2C:44-1(b)(14), recently enacted by the Legislature, and which requires ... again. Twelve months after Patterson was sentenced, the Legislature enacted N.J.S.A. 2C:44-1(b)(14), establishing a new mitigating factor that may apply ... 110. 1. THE OCTOBER 19, 2020, STATUTORY AMENDMENT TO THE N.J.S.A. 2C:44- 1(B) LIST OF MITIGATING FACTORS. 2. DEFENDANT AND SIMILARLY SITUATED ... ONGOING, AND A REMAND IS PRACTICABLE. V. THE AMENDMENT TO N.J.S.A. 2C:44-1 SHOULD BE APPLIED TO DEFENDANT'S PENDING APPEAL UNDER THE ... factor five, the victim induced or facilitated defendant's conduct, N.J.S.A. 2C:44-1(b)(5), and factor eight, defendant's conduct was unlikely to reoccur, N.J.S.A. 2C:44-1(b)(8), should apply because his actions prior to ...

docket:	a1875-19
court:	NJ Superior Court Appellate Division
decided:	2021-10-13
status:	Unpublished
citation:
Document Size:	40482

95 STATE OF NEW JERSEY v. CARLOS D. CRUZ-MALLQUI -- rank: 737

... Ongoing, And A Remand Is Practicable. II. The Amendment to N.J.S.A. 2C:44-1(b) Should Be Applied to Defendant's Sentence Retroactively Because ... entitled to resentencing for retroactive application of mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), which added a new mitigating factor for crimes ... defendant's prior record); and nine (general and specific deterrence), N.J.S.A. 2C:44-1(a) (3), (6), and (9), 'substantially outweigh[ed]' mitigating factor three ('defendant acted under a strong provocation'), N.J.S.A. 2C:44-1(b)(3). 9 Following the Court's recent decision in ... 6-11(d), arguing the decision supported its position the N.J.S.A. 2C:44-1(b)(14) should be applied prospectively. Defendant responded, and we ... J. ___ (2021). 23 A-3207-18 interim, the Legislature enacted N.J.S.A. 2C:44-1(b)(14), and expressly deemed the factor 'effective immediately' ...

docket:	a3207-18
court:	NJ Superior Court Appellate Division
decided:	2022-01-12
status:	Unpublished
citation:
Document Size:	50000

96 STATE OF NEW JERSEY v. NORMAN PRICE -- rank: 737

... of fact as to the aggravating factors, as set by N.J.S.A. 2C:44-1(a), and the mitigating factors, as set by N.J.S.A. 2C:44-1(b), were based on competent and credible evidence in the ... erred in deeming aggravating factors (3), (9), and (11) applicable, N.J.S.A. 2C:44-1(a)(3), (9), (11), and in failing to find mitigating factors (8), (9), and (11) applicable. N.J.S.A. 2C:44-1(b)(8), (9), (11). With one exception, those contentions lack ... the trial court is its application of aggravating factor (11), N.J.S.A. 2C:44-1(a)(11). Aggravating factor (11) is applicable only if the ... made by the defense to overcome that presumption pursuant to N.J.S.A. 2C:44-1(f)(2). Even so, the sentence imposed upon Price ...

docket:	a2847-06
court:	NJ Superior Court Appellate Division
decided:	2011-12-06
status:	unpublished
citation:
Document Size:	94802

97 STATE OF NEW JERSEY v. COREY K. MANDERVILLE -- rank: 737

... aggravating factors: the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); the extent of defendant's prior criminal record ... seriousness of the offenses of which he had been convicted, N.J.S.A. 2C:44-1(a)(6); and the need to deter defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court determined that the aggravating factors substantially ... appeal, that the court should have found four mitigating factors: N.J.S.A. 2C:44-1(b)(2), (8), (11), and (12). However, the factors urged ... contemplate that his conduct would cause or threaten serious harm," N.J.S.A. 2C:44-1(b)(2), is therefore not applicable. Factor eight, that defendant's conduct was unlikely to recur, N.J.S.A. 2C:44-1(b)(8), is not supported because defendant's prior ...

docket:	a3684-09
court:	NJ Superior Court Appellate Division
decided:	2013-09-11
status:	unpublished
citation:
Document Size:	126418

98 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 737

... contemplate that his conduct would cause or threaten serious harm'), N.J.S.A. 2C:44-1(b)(2), and three ('defendant acted under a strong provocation'), N.J.S.A. 2C:44-1(b)(3). He claimed the drug sales were to support ... for deterring the defendant and others from violating the law'). N.J.S.A. 2C:44- 1(a)(3), (6), and (9). Relying on State v. Pierce ... factors.' Cannel, N.J. Criminal Code Annotated, cmt. 5 on N.J.S.A. 2C:44-1 (2020) (citing State v. Jasuilewicz, 205 N.J. Super. 558 ... not less than [the] mandatory minimum.' Cannel, cmt. 6 on N.J.S.A. 2C:44-1 (citing State v. Press, 176 N.J. 68 (2003)). The ... of parole ineligibility 'in determining the appropriate term of imprisonment.' N.J.S.A. 2C:44-1(c)(2). Here, the court imposed both the maximum ...

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99 /usr/local/share/www/libweb/collections/courts/appellate/a3722-17.opn.html -- rank: 737

... period of time before the commission of the present offenses.' N.J.S.A. 2C:44-1(b)(7). His presentence A-3722-17T4 34 investigation report ... offenses allegedly committed 'before the commission of the present offenses,' N.J.S.A. 2C:44-1(b)(7), but even if they allegedly occurred after the ... factors three, the risk that defendant would commit another offense, N.J.S.A. 2C:44-1(a)(3); and nine, the need to deter the defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court also found mitigating factor seven, Gonzalez ... or criminal activity when he committed the present offenses. See N.J.S.A. 2C:44-1(b)(7). The court further determined the aggravating factors substantially ...

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100 STATE OF NEW JERSEY v. SHANE A. WHIPPLE -- rank: 737

... 19 15 At sentencing, the trial judge found aggravating factor N.J.S.A. 2C:44- 1(a)(1), '[t]he nature and circumstances of the offense ... committed in an especially heinous, cruel, or depraved manner' and N.J.S.A. 2C:44-1(a)(3), '[t]he risk that the defendant will commit ... great weight. The judge gave moderate weight to aggravating factor N.J.S.A. 2C:44-1(a)(6), '[t]he extent of the defendant's prior ... the defendant has been convicted.' He found aggravating factor nine, N.J.S.A. 2C:44-1(a)(9), '[t]he need for deterring the defendant and ... Defendant challenges the trial court's finding of aggravating factor N.J.S.A. 2C:44-1(a)(1), arguing the court double counted Jennifer's death ... Defendant also challenges the court's finding of aggravating factor N.J.S.A. 2C:44-1(a)(3). He asserts the judge observed a 'scowl' ...

docket:	a2840-19
court:	NJ Superior Court Appellate Division
decided:	2022-09-30
status:	Unpublished
citation:
Document Size:	52244

101 STATE OF NEW JERSEY v. NATASHA McRAE -- rank: 737

... of fact as to the aggravating factors, as set by N.J.S.A. 2C:44-1(a), and the mitigating factors, as set by N.J.S.A. 2C:44-1(b), were based on competent and credible evidence in the ... erred in deeming aggravating factors (3), (9), and (11) applicable, N.J.S.A. 2C:44-1(a)(3), (9), (11), and in failing to find mitigating factors (8), (9), and (11) applicable. N.J.S.A. 2C:44-1(b)(8), (9), (11). With one exception, those contentions lack ... the trial court is its application of aggravating factor (11), N.J.S.A. 2C:44-1(a)(11). Aggravating factor (11) is applicable only if the ... made by the defense to overcome that presumption pursuant to N.J.S.A. 2C:44-1(f)(2). Even so, the sentence imposed upon Price ...

docket:	a3484-06
court:	NJ Superior Court Appellate Division
decided:	2011-12-06
status:	unpublished
citation:
Document Size:	90508

102 STATE OF NEW JERSEY v. WILDEMAR A. DANGCIL -- rank: 735

... re-offense), six (criminal history), and nine (need to deter), N.J.S.A. 2C:44-1(a)(3), (6) and (9), and mitigating factor eleven (excessive hardship due to imprisonment), N.J.S.A. 2C:44-1(b)(11). The judge imposed a nine-year prison term ... 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 ... of defendant indicate he is unlikely to commit another offense), N.J.S.A. 2C:44-1(b)(1), (2), and (9). The judge explained defendant's ... defendant's prior record is central to aggravating factor six, N.J.S.A. 2C:44-1(a)(6), and may be relevant to other aggravating and ...

docket:	a2118-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-10
status:	Unpublished
citation:
Document Size:	66675

103 Inthe Matter of Mark G. Legato, an Attorney at Law -- rank: 735

... court found the need for specific deterrence and general deterrence, N.J.S.A. 2C:44-1(a)(9), as an aggravating factor. As mitigating factors, the ... Legato’s conduct did not cause or threaten serious harm, N.J.S.A. 2C:44-1(b)(1), that Legato had no prior criminal record, N.J.S.A. 2C:44-1(b)(7), that his character and attitude indicated that he was unlikely to commit another offense, N.J.S.A. 2C:44-1(b)(9), and that he was likely to respond affirmatively to probation, if available, N.J.S.A. 2C:44-1(b)(10). The court sentenced Legato to a special sentence ... sentencing court found one aggravating factor: the need to deter, N.J.S.A. 2C:44-1(a)(9). It also found three mitigating factors: no ...

docket:	d99
court:	NJ Supreme Court
decided:	2017-05-24
status:
citation:
Document Size:	76813

104 STATE OF NEW JERSEY v. ANTHONY S. CLARK -- rank: 733

... qualitative weighing of the aggravating and mitigating factors enumerated in N.J.S.A. 2C:44-1. State v. Case, 220 N.J. 49, 65 (2014); State ... aggravating factors, the court found factor three (risk of reoffending), N.J.S.A. 2C:44-1(a)(3), based on defendant's lack of insight into ... factor six (nature and extent of defendant's prior record), N.J.S.A. 2C:44-1(a)(6), based on prior felony drug possession convictions in ... The court also found aggravating factor nine (need to deter), N.J.S.A. 2C:44-1(a)(9), based on the severity of the crime and ... apply mitigating factors three ('defendant acted under a strong provocation'), N.J.S.A. 2C:44-1(b)(3), and four ('substantial grounds tending to excuse or ... the defendant's conduct, though failing to establish a defense'), N.J.S.A. 2C:44-1(b)(4). It noted the jury rejected his duress ...

docket:	a0926-20
court:	NJ Superior Court Appellate Division
decided:	2023-02-21
status:	Unpublished
citation:
Document Size:	105362

105 STATE OF NEW JERSEY v. MICHAEL W. WILLIAMS -- rank: 733

... of prior criminal record; and nine, the need for deterrence. N.J.S.A. 2C:44-1(a)(3), -1(a)(6), and -1(a)(9). In ... mitigating factor eleven, excessive hardship to himself or his dependents, N.J.S.A. 2C:44-1(b)(11), which defendant argued should be applied. Following merger ... finding aggravating factor three,' the risk of committing another offense, N.J.S.A. 2C:44-1(a)(3). Defendant does not dispute his eligibility for extended ... defendant's prior record is central to aggravating factor six, N.J.S.A. 2C:44-1(a)(6), and may be relevant to other aggravating and ...

docket:	a4935-18
court:	NJ Superior Court Appellate Division
decided:	2022-04-07
status:	Unpublished
citation:
Document Size:	72360