Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. DIEGO ARROYO-NUNEZ -- rank: 1000

... Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12,' (April 19, 2021) (the Directive). The Directive anticipated joint motions ... 28, 2021). A-3746-20 3 effectively 'invalidate a statute,' N.J.S.A. 2C:35-12 (Section 12), part of the Comprehensive Drug Reform Act of ... under the terms of the plea or post-conviction agreement. [ N.J.S.A. 2C:35-12 (emphasis added).] Section 12 both 'limits judicial discretion over sentencing ... pass constitutional muster, the Court held, 'the plea guidelines for N.J.S.A. 2C:35- 12 must be consistent throughout the State.' Id. at 23. Following ... 2. See Revised Attorney General Guidelines for Negotiating Cases under N.J.S.A. 2C:35-12 (July 15, 2004). 6 These revised guidelines 'came in response ... period of parole ineligibility' than called for by the agreement. N.J.S.A. 2C:35- 12 (emphasis added). A-3746-20 23 Appellants argue the ...

docket:	a3746-20
court:	NJ Superior Court Appellate Division
decided:	2022-01-18
status:	Published
citation:
Document Size:	76245

2 STATE OF NEW JERSEY v. TONY O. BRINSON -- rank: 977

... THE SENTENCE IN THIS CASE WAS BEING IMPOSED PURSUANT TO N.J.S.A. 2C:35-12 and STATE v. BRIMAGE, 153 N.J. 1, (1998), THE ... to the otherwise mandatory sentences and periods of parole ineligibility. N.J.S.A. 2C:35-12 permits a prosecutor 'through a negotiated plea agreement . . . [to] waive ... Super. 368, 373 (App. Div. 1992). '[T]he purpose of N.J.S.A. 2C:35-12 is to permit the prosecutor to make an agreement 'which ... citing Brimage, 153 N.J. at 9). Plea agreements under N.J.S.A. 2C:35-12 are governed by Attorney General Guidelines that were mandated by ... 25; see Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004). The guidelines are intended to provide uniform ... 153 N.J. at 13. Thus, negotiated plea agreements under N.J.S.A. 2C:35-12 must be made in accordance with the Brimage guidelines. ...

docket:	a3235-15
court:	NJ Superior Court Appellate Division
decided:	2018-01-24
status:	unpublished
citation:
Document Size:	58488

3 STATE OF NEW JERSEY v. CHRISTOPHER HARRIS, -- rank: 971

... circumstances: a negotiated plea agreement with the prosecutor pursuant to N.J.S.A. 2C:35-12, or special probation pursuant to N.J.S.A. 2C ... see also Revised Attorney General Guidelines for Negotiating Cases under N.J.S.A. 2C:35-12 (July 15, 2004), § 3.6 at 15-16 (Brimage ...

docket:	a2256-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-18
status:	Published
citation:
Document Size:	157525

4 State v. Rahsjahn Courtney -- rank: 961

... TIMPONE, J., writing for the Court. The Court addresses whether N.J.S.A. 2C:35-12 -- Section 12 of the Comprehensive Drug Reform Act of 1987 ... negotiated waiver of the CDRA’s mandatory sentencing requirements under N.J.S.A. 2C:35-12. 1. N.J.S.A. 2C:43-6(f) provides ... that extended terms are ordinarily discretionary with the court.” N.J.S.A. 2C:35-12 provides for an exception to the otherwise mandatory sentences and ... the terms of the plea or post-conviction agreement.” N.J.S.A. 2C:35-12. Section 12 encourages cooperation by ensuring that both the State ... such sentences in the context of a negotiated plea agreement, N.J.S.A. 2C:35-12 (Section 12). Significantly, Section 12 renders immutable the sentence recommended ... impose a lesser term. Based on a plain reading of N.J.S.A. 2C:35-12, the court reasoned that because defendant pled guilty to ...

docket:	a-17-19
court:	NJ Supreme Court
decided:	2020-07-02
status:
citation:
Document Size:	39643

5 STATE OF NEW JERSEY v. BRANDON W. VASHEY STATE OF NEW JERSEY v. DARYEL L. RAWLS, a/k/a DARRYL RAWLS, DARYEL C RAWLS DARYL RAWLS, and DERRYL RAWLS STATE OF NEW JERSEY v. DECTRIC J. RAWLS, a/k/a JERMAINE JEFFERSON, LO LO DETRIC RAWLS, DETRIC J RAWL -- rank: 938

... sentence and period of parole ineligibility, "except as provided by N.J.S.A. 2C:35-12[.]" Under N.J.S.A. 2C:35-12 of the Comprehensive Drug Reform Act of 1987 (CRDA), N ... prevent sentencing courts from undermining the effectiveness of prosecutors' strategies, N.J.S.A. 2C:35-12 requires the sentencing court to enforce all agreements reached by ... than that specified in the agreement. [ Id. at 9.] Specifically, N.J.S.A. 2C:35-12 states in pertinent part: Whenever an offense defined in [the ... parole ineligibility . . . ." [(emphasis added).] Thus, under the clear terms of N.J.S.A. 2C:35-12, "[a] trial judge who accepts a plea agreement in which ... However, "[t]he [above] emphasized language makes it clear that [ N.J.S.A. 2C:35-12] applies only where the prison sentence or period of ...

docket:	a1065-12
court:	New Jersey Superior Court Appellate Division
decided:	0000-00-00
status:	Published
citation:
Document Size:	119946

6 State v. Christopher Brimage -- rank: 847

... to meet the statutory goals of uniformity in sentencing. ����Under N.J.S.A. 2C:35-12 (Section 12) of the Comprehensive Drug Reform Act of 1987 ... A. 2C:35-1 to 36A-1 (hereinafter �CDRA�). Under N.J.S.A. 2C:35-12 (�Section 12"), a prosecutor may, through a negotiated plea agreement ... and exposing their superiors, suppliers and affiliates"). Another goal of N.J.S.A. 2C:35-12 requires the sentencing court to enforce all agreements reached by ... the atypical grant of sentencing power to the prosecutor in N.J.S.A. 2C:35-12, that statute has been the subject of various constitutional challenges ... the Vasquez line of cases, the plea agreement guidelines for N.J.S.A. 2C:35-12 must be consistent throughout the State. To �promote uniformity and ... whether or not to waive a mandatory minimum sentence under N.J.S.A. 2C:35-12. See Uniformity Directive , supra , � I ("County prosecutors . . . must have ...

docket:	a-34-97
court:	njsupreme
decided:	1998-02-19
status:
citation:	153 N.J. 1
Document Size:	70908

7 /usr/local/share/www/libweb/collections/courts/appellate/a2805-17.opn.html -- rank: 847

... the parties negotiate a plea. In that circumstance, pursuant to N.J.S.A. 2C:35-12,3 a prosecutor is permitted to 'waive the minimum mandatory ... may be relieved of a mandatory sentence and period 3 N.J.S.A. 2C:35-12 provides in pertinent part: Whenever an offense defined in this ... Super. 368, 373 (App. Div. 1992). '[T]he purpose of N.J.S.A. 2C:35-12 is to permit the prosecutor to make an agreement 'which ... J. Super. at 290-91 (second alteration in original) (quoting N.J.S.A. 2C:35-12). A negotiated waiver of the CDRA's mandatory sentencing requirements ... by our Supreme Court in Brimage, govern plea agreements under N.J.S.A. 2C:35-12. Brimage, 153 N.J. at 24-25; see Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004). The guidelines provide uniform standards for ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	26905

8 STATE OF NEW JERSEY v. RODNEY J. MILES -- rank: 839

... of the third degree and shall, except as provided in [ N.J.S.A. ] 2C:35-12, be sentenced by the court to a term of imprisonment ...

docket:	a2692-12
court:	NJ Superior Court Appellate Division
decided:	2014-10-14
status:	unpublished
citation:	443 N.J.Super. 212 128 A.3d 700
Document Size:	56902

9 /usr/local/share/www/libweb/collections/courts/appellate/a2572-18.opn.html -- rank: 832

... term of imprisonment shall, except as may be provided in N.J.S.A. 2C:35-12, include the imposition of a minimum term . . . fixed at, or ... disparity. 2 Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004), promulgated pursuant to State v. Brimage, 153 ... Mandatory Minimum Sentences in Non-Violent Drug Cases Pursuant to N.J.S.A. 2C:35-12 at 5 (Apr. 19, 2021) ('establish[ing] statewide rules that ... to enter into an agreement prior to sentencing' pursuant to N.J.S.A. 2C:35-12 that imposes ordinary parole eligibility, including application of 'commutation, minimum ... 6 The prosecutor may still seek an extended term under N.J.S.A. 2C:35-12, and the sentencing court retains authority to impose a discretionary ... a statewide basis to handle all joint motions filed under N.J.S.A. 2C:35-12 and Rule 3:21-10(b)(3) relating to ...

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court:
decided:
status:
citation:
Document Size:	56095

10 State v. Anthony Caliguiri -- rank: 826

... the program because sentencing alternatives like ECLIPSE were inconsistent with N.J.S.A. 2C:35-12, which requires a court in a CDRA prosecution to impose ... probation, which shall be for a term of five years. [ N.J.S.A. 2C:35-12 plea agreements. The rehabilitation program of N.J.S.A ... as part of a plea or post-conviction agreement. See N.J.S.A. 2C:35-12 (Section 12). Because mandatory sentences, by definition, foreclose judicial or ...

docket:	a-214-97
court:	njsupreme
decided:	1999-04-14
status:
citation:	158 N.J. 28
Document Size:	66057

11 STATE OF NEW JERSEY v. DWAYNE N. WAKEFIELD -- rank: 796

... sentencing. Brimage, 153 N.J. at 13. Plea agreements under N.J.S.A. 2C:35-12 are governed by those guidelines, 153 N.J. at 24 ... 25; see Revised Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 (July 15, 2004); State v. Fowlkes, 169 N.J. 387 ... term of imprisonment shall, except as may be provided in N.J.S.[A. ]2C:35-12, include the imposition of a minimum term. The minimum term ... lesser term of imprisonment [or] lesser period of parole ineligibility . . . . [ N.J.S.A. 2C:35-12 (emphasis added).] Here, defendant agreed to a negotiated plea under ...

docket:	a0484-18
court:	NJ Superior Court Appellate Division
decided:	2020-12-01
status:	Unpublished
citation:
Document Size:	53988

12 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 791

... under the Revised Attorney General Guidelines For Negotiating Cases Under N.J.S.A. 2C:35-12 , July 15, 2004 ( Attorney General Guidelines ). After serving a portion ... Court first disposed of the separation of powers challenge to N.J.S.A. 2C:35-12 by applying its rationale and holding in Lagares and reaching ... 195-97. Thus, the Court held that to render constitutional N.J.S.A. 2C:35-12, authorizing prosecutorial waiver of minimum periods of parole ineligibility, uniform ... 2C:35-7 (providing for the mandatory parole disqualifier), and N.J.S.A. 2C:35-12 (authorizing prosecutorial waiver of the parole disqualifier). Id. at 197 ... a comprehensive stand-alone disposition scheme that is independent of N.J.S.A. 2C:35-12. Finally, inclusion of an "alternative offer" or "alternative sentence" is ...

docket:	a1399-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	published
citation:
Document Size:	57814

13 STATE OF NEW JERSEY v. DENNIS HITCHENS -- rank: 791

... 1 Guidelines. See Attorney General Guidelines for Negotiating Cases Under N.J.S.A. 2C:35-12 . 2 Because of our conclusion, it is unnecessary for us ... prosecutor to waive mandatory, minimum sentences for certain offenses under N.J.S.A. 2C:35-12 6 must meet uniform guidelines governing their application in order ... prescribed by N.J.S.A. 2C:35-7, see N.J.S.A. 2C:35-12, it was subject to the Brimage Guideline 2. 4 The ... A. 2C:35-7 is subject to the provisions of N.J.S.A. 2C:35-12. 7 We note that defendant is no longer confined and ...

docket:	a0143-10
court:	NJ Superior Court Appellate Division
decided:	2013-05-30
status:	published
citation:
Document Size:	65440

14 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 791

... under the Revised Attorney General Guidelines For Negotiating Cases Under N.J.S.A. 2C:35-12 , July 15, 2004 ( Attorney General Guidelines ). After serving a portion ... Court first disposed of the separation of powers challenge to N.J.S.A. 2C:35-12 by applying its rationale and holding in Lagares and reaching ... 195-97. Thus, the Court held that to render constitutional N.J.S.A. 2C:35-12, authorizing prosecutorial waiver of minimum periods of parole ineligibility, uniform ... 2C:35-7 (providing for the mandatory parole disqualifier), and N.J.S.A. 2C:35-12 (authorizing prosecutorial waiver of the parole disqualifier). Id. at 197 ... a comprehensive stand-alone disposition scheme that is independent of N.J.S.A. 2C:35-12. Finally, inclusion of an "alternative offer" or "alternative sentence" is ...

docket:	a0048-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-27
status:	published
citation:	429 N.J.Super. 533 60 A.3d 806
Document Size:	57876

15 STATE OF NEW JERSEY v. ROBERT W. OLIVER -- rank: 788

... extended term or reduction of a mandatory minimum term under N.J.S.A. 2C:35-12? From our review of the record in these cases, we ... 2C:35-7(b): b. (1) Notwithstanding the provisions of [ N.J.S.A. ] 2C:35-12 or subsection a. of this section, the court may waive ...

docket:	a0593-10
court:	NJ Superior Court Appellate Division
decided:	2011-08-18
status:	unpublished
citation:
Document Size:	41100