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976 State of New Jersey v. Michael J. Natale -- rank: 585

... term. Evers , supra , 175 N.J. at 387; see also N.J.S.A. 2C:44-1(f)(1). Our Code provisions make clear that, before any ...

docket:	a-82-04
court:	njsupreme
decided:	2005-08-02
status:
citation:	*CITE_PENDING*
Document Size:	99449

977 State v. Jeffrey Drury -- rank: 585

... M. Cannel, New Jersey Criminal Code Annotated , comment 1 on N.J.S.A. 2C:44-1 at 1021 (2006), and which therefore was not referred to ...

docket:	a-110-05
court:	njsupreme
decided:	2007-04-24
status:
citation:	190 N.J. 197
Document Size:	55657

978 STATE OF NEW JERSEY v. S.C.S.,1 -- rank: 585

... argues that the trial court erred in weighing aggravating factor N.J.S.A. 2C:44-1(a)(2). Defendant cites the principle that "facts that establish ... incapable of exercising normal physical or mental power of resistance. [ N.J.S.A. 2C:44-1(a)(2).] In addition to her "extreme youth," the trial ... need to deter defendant and others from violating the law." N.J.S.A. 2C:44-1(a)(3), (9). Finally, the trial court found that no ...

docket:	a2600-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	49266

979 STATE OF NEW JERSEY v. ALBERTO MARTINEZ -- rank: 585

... 201 N.J. Super. 514, 539-40 (App. Div. 1985); N.J.S.A. 2C:44-1(c)(1) ('A plea of guilty by a defendant or ... to aggravating factor three, the risk a defendant will reoffend, N.J.S.A. 2C:44-1(a)(3), a defendant does have the option to continue ...

docket:	a1063-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-04
status:	Unpublished
citation:
Document Size:	44550

980 STATE OF NEW JERSEY v. ARIEL JAZMIN -- rank: 585

... right to allocution. He asserts the judge found aggravating factor N.J.S.A. 2C:44-1(a)(9), based on the supposition defendant 'deserved a greater ... we discern no sentencing error. The judge concluded aggravating factors N.J.S.A. 2C:44-1(a)(3), (6), and (9), outweighed mitigating factor N.J.S.A. 2C:44-1(b)(11). Regarding aggravating factor nine, the need for deterrence ... of the offenses of which the defendant has been convicted[.]' N.J.S.A. 2C:44-1(a)(3) and (6). These factors were supported by the ...

docket:	a0628-18
court:	NJ Superior Court Appellate Division
decided:	2022-05-16
status:	Unpublished
citation:
Document Size:	20794

981 STATE OF NEW JERSEY v. ERNEST LAWRENCE -- rank: 585

... was committed in an especially heinous, cruel or depraved manner, N.J.S.A. 2C:44-1(a)(1); the gravity and seriousness of harm inflicted on the victim, N.J.S.A. 2C:44-1(a)(2); and, the need for deterring defendant and others from violating the law, N.J.S.A. 2C:44-1(a)(9). The court found one mitigating factor, namely, defendant had no history of prior delinquency or criminal activity, N.J.S.A. 2C:44-1(b)(7), but explicitly ruled out the remaining mitigating factors enumerated in N.J.S.A. 2C:44-1(b). The court gave little weight to the first and ... failing to find that defendant acted under a strong provocation, N.J.S.A. 2C:44-1(b)(3). The court did not abuse its discretion ...

docket:	a4252-10
court:	New Jersey Superior Court Appellate Division
decided:	2013-08-12
status:	Published
citation:
Document Size:	62148

982 STATE OF NEW JERSEY v. LEWIS F. NORWOOD -- rank: 585

... court considers the aggravating and mitigating factors set forth in N.J.S.A. 2C:44-1(a) and (b). See State v. Rivera, 249 N.J ... factor three, a high risk of defendant committing another offense, N.J.S.A. 2C:44-1(a)(3), because defendant 'has a A-1533-21 14 ... s prior criminal record and the seriousness of those offenses, N.J.S.A. 2C:44- 1(a)(6). The judge took note of defendant's prior ... nine, the need to deter defendant from violating the law, N.J.S.A. 2C:44-1(a)(9). The judge stated, '[a]lthough [defendant has] been ... to mitigating factor three, whether defendant acted under strong provocation, N.J.S.A. 2C:44-1(b)(3). The judge explained defendant had time to 'cool ... s conduct induced or facilitated the commission of the offense, N.J.S.A. 2C:44-1(b)(5). Although 'defendant did appear on the scene ...

docket:	a1533-21
court:	NJ Superior Court Appellate Division
decided:	2023-04-05
status:	Unpublished
citation:
Document Size:	30383

983 State v. Joseph Schubert, Jr. -- rank: 585

... N.J.S.A. 2C:35-14(c)(2) and N.J.S.A. 2C:44-1(f)(2), for instance, provide that certain sentences imposed over ...

docket:	A-15-11
court:	NJ Supreme Court
decided:	2012-10-22
status:
citation:	212 N.J. 295 53 A.3d 1210
Document Size:	129800

984 STATE OF NEW JERSEY v. KARIMAH GRIER -- rank: 585

... all counts. During sentencing, the court applied aggravating factors three, N.J.S.A. 2C:44-1(a)(3) (risk that defendant will commit another offense); six, N.J.S.A. 2C:44-1(a)(6) (extent of prior record and seriousness of offense committed); and nine, N.J.S.A. 2C:44-1(a)(9) (need to deter the defendant and others from violating the law); as well as mitigating factor eight, N.J.S.A. 2C:44-1(b)(8) (conduct is the result of circumstances unlikely to ...

docket:	a5558-07
court:	NJ Superior Court Appellate Division
decided:	2011-04-18
status:	unpublished
citation:
Document Size:	40051

985 /usr/local/share/www/libweb/collections/courts/trial/trial_court_squibs.opn.html -- rank: 585

... that aggravating and mitigating factors prescribed by the Criminal Code, N.J.S.A. 2C:44-1, if appropriately tailored, provide an appropriate guide for the exercise ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	76360

986 STATE OF NEW JERSEY v. M.H. -- rank: 585

... of the offenses of which [the defendant] has been convicted.' N.J.S.A. 2C:44-1(a)(6). Despite the judge's misstatement, his finding of ... t]he risk that the defendant will commit another offense.' N.J.S.A. 2C:44- -1(a)(3). The judge found defendant's escalating conduct and ...

docket:	a1669-21
court:	NJ Superior Court Appellate Division
decided:	2023-03-30
status:	Unpublished
citation:
Document Size:	31355

987 STATE OF NEW JERSEY v. JAMES JACKSON -- rank: 585

... use of the language 'take effect immediately' when it adopted N.J.S.A. 2C:44-1(b)(14)' and found 'no suggestion in N.J.S.A. 2C:44-1(b)(14)—let alone the clear, strong and imperative ... arguments. Defendant was sentenced well before the effective date of N.J.S.A. 2C:44-1(b)(14), as he was initially sentenced in 2011, and ...

docket:	a0358-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-07
status:	Unpublished
citation:
Document Size:	17483

988 STATE OF NEW JERSEY v. OSVALDO RAMIREZ -- rank: 585

... 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 underpinning its ... application to be sentenced within the third-degree range under N.J.S.A. 2C:44- 1(f)(2). The court found aggravating factors three (the risk ... of the offense); and nine (general and specific deterrence), see N.J.S.A. 2C:44-1(a)(3), (6) and (9), outweighed the non-existent mitigating ... declined to find the mitigating factors sought by defendant. See N.J.S.A. 2C:44-1(b)(2) to (4); (6) to (10); and (12). Defendant ... recognized, the issue of retroactive application of mitigating factor fourteen, N.J.S.A. 2C:44-1(b)(14), was pending before the Court. The Court subsequently ...

docket:	a2237-19
court:	NJ Superior Court Appellate Division
decided:	2022-12-07
status:	Unpublished
citation:
Document Size:	32836

989 STATE OF NEW JERSEY v. L.J.A. -- rank: 585

... need to deter defendant and others from violating the law). N.J.S.A. 2C:44-1(a)(2)(3)(6) and (9). The judge found no ...

docket:	a0493-11
court:	NJ Superior Court Appellate Division
decided:	2013-12-27
status:	unpublished
citation:
Document Size:	60259

990 STATE OF NEW JERSEY v. MICHAEL P. NAPLES -- rank: 585

... aggravating factors: defendant is at risk to commit another crime, N.J.S.A. 2C:44-1(a)(3), defendant has an extensive and serious criminal record, N.J.S.A. 2C:44-1(a)(6), and the need to deter defendant and others, N.J.S.A. 2C:44-1(a)(9). He found no mitigating factors, rejecting mitigating factors ... threatened serious harm, nor did defendant contemplate that it would, N.J.S.A. 2C:44-1(b)(1) and (2), with the troubling suggestion that when ...

docket:	a5596-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-13
status:	unpublished
citation:
Document Size:	28715