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106 STATE OF NEW JERSEY v. DAVON COOPER -- rank: 669

... s motion to impose a discretionary extended term pursuant to N.J.S.A. 2C:44-3(a); and (4) did not articulate a basis for imposing ...

docket:	a2695-18
court:	NJ Superior Court Appellate Division
decided:	2021-04-07
status:	Unpublished
citation:
Document Size:	41295

107 STATE OF NEW JERSEY v. JEFFERY RICHARDSON -- rank: 669

... term on count three, unlawful possession of a handgun. See N.J.S.A. 2C:44-3(a). The court imposed the maximum term on counts four ...

docket:	a4570-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-03
status:	Unpublished
citation:
Document Size:	33977

108 STATE OF NEW JERSEY v. CHARLES P. MCCOY -- rank: 669

... a motion for imposition of an extended term pursuant to N.J.S.A. 2C:44-3. The court granted the State's motion and sentenced defendant ... court found defendant was eligible for an extended term under N.J.S.A. 2C:44-3 as a persistent offender. The court further found aggravating factors ...

docket:	a5467-14
court:	NJ Superior Court Appellate Division
decided:	2017-08-04
status:	unpublished
citation:
Document Size:	31977

109 STATE OF NEW JERSEY v. MARK MELVIN -- rank: 666

... motion to sentence defendant to an extended term pursuant to N.J.S.A. 2C:44-3(a), and sentenced defendant to twenty years imprisonment with ten ... individual to an extended-term under the persistent offender statute, N.J.S.A. 2C:44-3, the decision to sentence the defendant within that extended-term ...

docket:	a3003-14
court:	NJ Superior Court Appellate Division
decided:	2017-03-01
status:	unpublished
citation:
Document Size:	35548

110 STATE OF NEW JERSEY VS. WALTER TOWNSEND -- rank: 666

... 22 5 alleging the imposition of an extended term under N.J.S.A. 2C:44-3(a)4 violated his rights under both the New Jersey ... 1981 murder is illegal because he was sentenced pursuant to N.J.S.A. 2C:44-3(a) as a persistent offender based upon predicate offenses that ... for relief' and denied the motion. This appeal follows. 4 N.J.S.A. 2C:44-3(a) sets forth that a person who is 'convicted of ... I THE IMPOSITION OF AN EXTENDED TERM SENTENCE PURSUANT TO N.J.S.[A.] 2C:44-3(A), UNDER THE CIRCUMSTANCES OF DEFENDANT'S CASE, VIOLATED THE ... defendant qualified as a persistent offender. As applied to defendant, N.J.S.A. 2C:44-3 sets forth the accused may be eligible for an extended ... of the crime for which the defendant is being sentenced. [N.J.S.A. 2C:44-3(a).] The sentencing court determined defendant qualified as a ...

docket:	a2664-22
court:	appellate
decided:	2024-06-18
status:	Unpublished
citation:
Document Size:	21245

111 STATE OF NEW JERSEY v. ERIC KIM -- rank: 666

... J. 334, 364-65 (1984)). Under the persistent offender statute, N.J.S.A. 2C:44-3(a), a sentencing court has discretion 'to impose an extended ... A defendant is statutorily eligible for an extended term under N.J.S.A. 2C:44-3 if he or she 'has been convicted of a crime ... first, second or third degree and is a persistent offender.' N.J.S.A. 2C:44-3(a). A person is a 'persistent offender' if he or ...

docket:	a0552-17
court:	NJ Superior Court Appellate Division
decided:	2019-04-09
status:	Unpublished
citation:
Document Size:	46538

112 STATE OF NEW JERSEY v. RICHARD B. JONES -- rank: 666

... to an extended term of imprisonment as a persistent offender, N.J.S.A. 2C:44-3(a). On May 11, 2012, the judge sentenced defendant to ... v. Robinson , 217 N.J. 594 , 607 (2014). Pursuant to N.J.S.A. 2C:44-3(a), A persistent offender is a person who at the ... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3(a).] After a sentencing court determines that a defendant qualifies ... court's determination of whether defendant is a persistent offender, N.J.S.A. 2C:44-3(a), nor one of the enumerated mitigating factors to be ...

docket:	a6223-11
court:	NJ Superior Court Appellate Division
decided:	2014-09-12
status:	unpublished
citation:
Document Size:	28483

113 STATE OF NEW JERSEY v. BRUCE E. LIGE -- rank: 666

... 1241, the court sentenced defendant to a discretionary extended term, N.J.S.A. 2C:44-3, of eight years with a four-year period of parole ...

docket:	a3906-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-14
status:	unpublished
citation:
Document Size:	68429

114 STATE OF NEW JERSEY v. ANTWINE J. RIVERA -- rank: 666

... drugs with intent to distribute, he was "a persistent offender," N.J.S.A. 2C:44-3(a), on whom the court "may" impose an extended term. N.J.S.A. 2C:44-3. Defendant argues the trial court did not understand the extended ... court was unaware that imposing a "discretionary extended term" under N.J.S.A. 2C:44-3 is discretionary, as courts have long and repeatedly held. See ...

docket:	a3854-13
court:	NJ Superior Court Appellate Division
decided:	2016-04-13
status:	unpublished
citation:
Document Size:	55441

115 STATE OF NEW JERSEY v. SHAWN JOHNSON -- rank: 664

... at least two separate convictions." Johnson met those statutory requirements. N.J.S.A. 2C:44-3(a). The sentencing judge reiterated that "the defendant had six ...

docket:	a0654-11
court:	NJ Superior Court Appellate Division
decided:	2013-06-06
status:	unpublished
citation:
Document Size:	46489

116 STATE OF NEW JERSEY v. WILLIAM SHEPHERD -- rank: 664

... sentence defendant to an extended term as a persistent offender. N.J.S.A. 2C:44-3(a). Defendant first contends that the judge should have found ...

docket:	a2427-08
court:	NJ Superior Court Appellate Division
decided:	2014-08-05
status:	unpublished
citation:
Document Size:	48403

117 STATE OF NEW JERSEY v. RAHYIM WASHINGTON -- rank: 664

... imposition of an extended term as a persistent offender under N.J.S.A. 2C:44-3(a) lack sufficient merit to warrant extensive discussion. R. 2 ...

docket:	a2522-19
court:	NJ Superior Court Appellate Division
decided:	2023-07-18
status:	Unpublished
citation:
Document Size:	35945

118 STATE OF NEW JERSEY v. JAMES SGAMBATI -- rank: 664

... motion to impose an extended term as a persistent offender, N.J.S.A. 2C:44-3(a). Defendant was convicted in March 1998 of second-degree ...

docket:	a5871-10
court:	NJ Superior Court Appellate Division
decided:	2014-08-29
status:	unpublished
citation:
Document Size:	61940

119 STATE OF NEW JERSEY v. JAMES T. BANKOWSKI -- rank: 664

... of a second-degree and a third-degree crime. See N.J.S.A. 2C:44-3. The trial judge properly took this into account when he ...

docket:	a3964-08
court:	superior court appellate division
decided:	2010-10-13
status:	unpublished
citation:
Document Size:	94749

120 STATE OF NEW JERSEY v. CHRISTOPHER C. SCHWARTZ -- rank: 664

... for a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a). [Schwartz, slip op. at 8-9.] During oral argument ... 10. In his sentencing analysis, the judge incorrectly referred to N.J.S.A. 2C:44-3(a), and its interpretive caselaw, which pertains to discretionary extended ... can only be imposed 'upon application of the prosecuting attorney.' N.J.S.A. 2C:44-3. Moreover, ' N.J.S.A. 2C:44-5(a)(2 ...

docket:	a0902-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-05
status:	Unpublished
citation:
Document Size:	38862