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 Results for ("N.J.S.A. 2C:35-12")   1 to 15 of 104 results. Run time: 0.680 seconds | Search time: 0.674 seconds    
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1 STATE OF NEW JERSEY v. TONY O. BRINSON -- rank: 1000
... 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status: unpublished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
2 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: 960
... 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
3 State v. Christopher Brimage -- rank: 867
... 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
4 /usr/local/share/www/libweb/collections/courts/appellate/a2805-17.opn.html -- rank: 867
... 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
5 STATE OF NEW JERSEY v. RODNEY J. MILES -- rank: 859
... 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:
Document Size: 56735
6 State v. Anthony Caliguiri -- rank: 846
... 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
7 STATE OF NEW JERSEY v. DENNIS HITCHENS -- rank: 809
... 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
8 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 809
... 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:
Document Size: 57814
9 STATE OF NEW JERSEY v. DARRYL BISHOP -- rank: 809
... 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
10 State of New Jersey v. Jason Shelley -- rank: 807
... a term of mandatory imprisonment and parole ineligibility, subject to N.J.S.A. 2C:35-12, for defendants convicted of possession with intent to distribute or ...
docket: a-109-09
court: NJ Supreme Court
decided: 2011-03-09
status:
citation:
Document Size: 88360
11 STATE OF NEW JERSEY v. ROBERT W. OLIVER -- rank: 807
... 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
12 STATE OF NEW JERSEY v. KEITH D. CLARKE -- rank: 807
... 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: a1505-10
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 41099
13 STATE OF NEW JERSEY v. RUDELL ANDERSON -- rank: 807
... 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: a5851-09
court: NJ Superior Court Appellate Division
decided: 2011-08-18
status: unpublished
citation:
Document Size: 40204
14 State v. Charles E. Gerns -- rank: 794
... to apprehend well-insulated drug traffickers, the Legislature contemporaneously enacted N.J.S.A. 2C:35-12 (section 12) to permit the prosecutor to recommend relaxation of ... Vasquez , supra , 129 N.J. at 195-97, to implement N.J.S.A. 2C:35-12. The Appellate Division in an unpublished opinion held that the ... 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 ... Cannel, New Jersey Criminal Code Annotated , 1987 Legislative Commentary on N.J.S.A. 2C:35-12 (1992)). The Legislature, therefore, contemporaneously enacted N.J.S.A. 2C:35-12 to permit the prosecutor to recommend relaxation of the mandatory ... waive the mandatory minimum period of parole ineligibility pursuant to N.J.S.A. 2C:35-12.     The State argues further that the Appellate Division, on ...
docket: a-64-95
court: njsupreme
decided: 1996-07-09
status:
citation: 145 N.J. 216
Document Size: 50291
15 STATE OF NEW JERSEY v. QUAISHAWN L. RAY -- rank: 763
... for which a mandatory minimum sentence has been prescribed. Furthermore, N.J.S.A. 2C:35-12 provides that the trial court must impose the mandatory sentence ...
docket: a2375-12
court: NJ Superior Court Appellate Division
decided: 2014-06-16
status: unpublished
citation:
Document Size: 23477
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