Search Rutgers Law Library N.J. Court Opinions

1 State v. Kevin Jerome Hudson -- rank: 1000

... the circumstances in this case, defendant was properly sentenced under N.J.S.A. 2C:44-5 to multiple extended terms at separate sentencing proceedings. The Appellate ... of the offenses and sentencings brought the defendant squarely under N.J.S.A. 2C:44-5(b)(1)’s proscription against multiple extended-term sentences ... of the ordinary-term sentencing range. (pp. 15-17) 2. N.J.S.A. 2C:44-5 guides sentencing in multiple-sentence circumstances. Subsection a addresses the ... 17-20) 3. Giving effect to the clear wording of N.J.S.A. 2C:44-5(b), Hudson unambiguously falls within its application, including its sweeping ... appropriate overall sentence for multiple offenses. (pp. 21-25) 4. N.J.S.A. 2C:44-5(b)(1) directs that when a court imposes a sentence ... ” the prohibition on multiple extended terms set forth in N.J.S.A. 2C:44-5(a)(2) applies to a defendant who is being ...

docket:	A-64-10
court:	NJ Supreme Court
decided:	2012-02-06
status:
citation:
Document Size:	144802

2 State of New Jersey v. James W. Robinson -- rank: 921

... reduction of his sentence, arguing that multiple extended terms violate N.J.S.A. 2C:44-5(a)(2). In light of the State’s concession that ... statutory bar on the imposition of multiple extended terms under N.J.S.A. 2C:44-5(a)(2). The Appellate Division affirmed defendant’s sentence, finding ... s petition for certification. 212 N.J. 455 (2012). HELD: N.J.S.A. 2C:44-5(a)(2) bars the imposition of a mandatory extended term ... novo. Thus, the Court reviews the interpretation and application of N.J.S.A. 2C:44-5(a)(2) de novo. The goal of statutory interpretation is ... term under N.J.S.A. 2C:43-6(f). N.J.S.A. 2C:44-5(a)(2) provides, in relevant part, that when multiple sentences ... single proceeding. The Court finds that the unambiguous language of N.J.S.A. 2C:44-5(a)(2) “expressly and unequivocally” prohibits the imposition ...

docket:	A-20-12
court:	NJ Supreme Court
decided:	2014-06-05
status:
citation:	217 N.J. 594 92 A.3d 656
Document Size:	80418

3 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 911

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .' Although it is posted on the internet, this opinion is binding only on the parties in the case ...

docket:	a2754-17
court:	NJ Superior Court Appellate Division
decided:	2022-04-19
status:	Unpublished
citation:
Document Size:	453437

4 /usr/local/share/www/libweb/collections/courts/appellate/a5991-17.opn.html -- rank: 822

... s status as a persistent offender, which is prohibited by N.J.S.A. 2C:44-5(a)(2). However, defendant does not appeal this aspect of ... 17T1 5 Defendant argued the trial court acted contrary to N.J.S.A. 2C:44-5(a)(2) and (b)(1) when it imposed what he ... II MR. DUDLEY'S SENTENCE IS ILLEGAL BECAUSE IT VIOLATES N.J.S.A. 2C:44-5[(b)](1)'S BAR ON MULTIPLE EXTENDED TERMS. II. Whether ... A-5991-17T1 8 restaurant armed robbery was illegal under N.J.S.A. 2C:44-5(a)(2) and (b)(1). While defendant argued that his ... argue that imposition of an extended term was illegal under N.J.S.A. 2C:44-5(a)(2) and (b)(1). The motion to correct an ... interplay of these two extended term provisions in light of N.J.S.A. 2C:44-5(a)(2) and (b)(1). Those provisions state, in ...

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court:
decided:
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Document Size:	36352

5 State v. Rashaun Bell -- rank: 822

... be imposed upon each such conviction. Notwithstanding the provisions of N.J.S.A. 2C:44-5 or any other provisions of law, when the court imposes ...

docket:	a-75-20
court:	NJ Supreme Court
decided:	2022-05-16
status:
citation:
Document Size:	83483

6 State v. Rodney Bull -- rank: 778

... an unpublished opinion, the panel applied the plain language of N.J.S.A. 2C:44-5(b)(1), vacated the second extended term as an illegal ... merely illuminated an old one. Hudson ’s illumination of N.J.S.A. 2C:44-5(b) applies to this pre- Hudson case, and defendant must ... an illegal sentence. Because defendant’s sentence would manifestly violate N.J.S.A. 2C:44-5(b)(1) if imposed today, the Court determines whether Hudson ... retroactivity analysis ends. (pp. 6-7) 3. Subsection a of N.J.S.A. 2C:44-5 provides that “[n]ot more than one sentence for ... 9) 4. The Court reviews pre- Hudson cases that interpreted N.J.S.A. 2C:44-5 and notes that they focused on subsection a, not on ... rather analyzes defendant’s sentence under the rule espoused in N.J.S.A. 2C:44-5(b)(1) since the statute’s enactment. (pp. 9- ...

docket:	A-46-15
court:	NJ Supreme Court
decided:	2017-01-23
status:
citation:	227 N.J. 555 152 A.3d 942
Document Size:	54106

7 of New Jersey v. L.H. -- rank: 767

... there is no overlap requirement in the gap-time statute, N.J.S.A. 2C:44-5(b)(2), and to set forth a separate rationale for ... join, stating that c onsistent with the express provisions of N.J.S.A. 2C:44-5(b)(2) and the overall goals of the Code of ... there is no overlap requirement in the gap-time statute, N.J.S.A. 2C:44-5(b)(2), and to set forth a separate rationale for ... ” Cannel, New Jersey Criminal Code Annotated , comment 4 on N.J.S.A. 2C:44-5 at 1130 (2010). Specifically, the statute provides: b. Sentences of ... unless the court determines otherwise at the time of sentencing. [ N.J.S.A. 2C:44-5(b).] This appeal addresses the application of subsection (b)(2 ... imposed fails to give voice to the clear language of N.J.S.A. 2C:44-5(b) and neglects to afford this penal statute the ...

docket:	a-31-10
court:	superior court trial
decided:	2011-06-15
status:
citation:
Document Size:	120053

8 State v. Buddy Randolph -- rank: 733

... as to whether to impose multiple consecutive sentences pursuant to N.J.S.A. 2C:44-5(a) requires analysis of specifically enumerated factors. See Yarbough , supra ... s decisions guiding sentencing courts considering consecutive sentences pursuant to N.J.S.A. 2C:44-5(a): State v. Yarbough , 100 N.J. 627 , 643-44 ... an appellate court questions a sentencing court’s application of N.J.S.A. 2C:44-5(a). The statute affords to trial courts discretion to determine ... by the original sentencing judge without the findings compelled by N.J.S.A. 2C:44-5(a) and our case law. In defendant’s second appeal ... in the statutory range, without appropriate findings as required by N.J.S.A. 2C:44-5(a) and the case law: [DEFENSE COUNSEL]: Basically, Your Honors ...

docket:	A-87-10
court:	NJ Supreme Court
decided:	2012-06-18
status:
citation:	210 N.J. 330 44 A.3d 1113
Document Size:	170279

9 of New Jersey v. Derrick Wayne Rose -- rank: 730

... under Rule 3:21-8 or gap-time credits under N.J.S.A. 2C:44-5(b)(2) to reduce the time to be served on ... end” of a defendant’s sentence. The credit awarded under N.J.S.A. 2C:44-5(b) is referred to as “gap-time credit” because ... the day before imposition of the Passaic County sentence. See N.J.S.A. 2C:44-5(b)(2). In other words, she seeks an additional 220 ... under Rule 3:21-8 or gap-time credits under N.J.S.A. 2C:44-5(b)(2) to reduce the time to be served on ... 64 (App. Div.), certif. denied , 146 N.J. 569 (1996). N.J.S.A. 2C:44-5(b) provides for “gap-time” credits: When a defendant ... terms remaining to be served[.] [ Ibid. ] The credit awarded under N.J.S.A. 2C:44-5(b) is referred to as “gap-time credit” ...

docket:	a-64-09
court:	superior court trial
decided:	2011-06-08
status:
citation:
Document Size:	137874

10 State v. Sally A. McDonald -- rank: 726

... was decided today, the Court again considers the application of N.J.S.A. 2C:44-5(b) to a situation in which the defendant received a ... adheres to a plain-meaning reading of the language of N.J.S.A. 2C:44-5(b)(1), and finds that the sentencing court erred by ... adheres to a plain-meaning reading of the language of N.J.S.A. 2C:44-5(b)(1), compelling the conclusion that it was legal error ... therefore, the proscription against multiple extended-term sentences, incorporated from N.J.S.A. 2C:44-5(a) through subsection b, applies. McDonald’s extended-term sentence ... N.J. ___ (2012), because it also involves the application of N.J.S.A. 2C:44-5(b) to an extended-term sentence. Here, the sentence was ... extended-term sentence was imposed. Consistent with the interpretation given N.J.S.A. 2C:44-5 in State v. Hudson , supra , we now reverse and ...

docket:	A-56-10
court:	NJ Supreme Court
decided:	2012-02-16
status:
citation:
Document Size:	51641

11 STATE OF NEW JERSEY V. JAMES BOYKINS September -- rank: 717

... received for two of these convictions in New Jersey under N.J.S.A. 2C:44-5. Specifically, we consider whether defendant, who received a second extended ... retroactive effect. Defendant appeals, raising the following issues. POINT I N.J.S.A. 2C:44-5 PROHIBITS THE IMPOSITION OF MULTIPLE EXTENDED TERMS IN THIS CASE ... issue on this appeal is one of statutory interpretation of N.J.S.A. 2C:44-5 and its application to defendant's sentence, our review is ... 209 N.J. at 529. Subsections a and b of N.J.S.A. 2C:44-5 provide: a. Sentences of imprisonment for more than one offense ... as the Court explained in Hudson , "[w]ith enactment of N.J.S.A. 2C:44-5, the Legislature has woven a piece on how a sentence ... not find that dispositive of the question before us as N.J.S.A. 2C:44-5 addresses itself to gap-time credit, not jail credit. ...

docket:	a0751-14
court:	NJ Superior Court Appellate Division
decided:	2016-09-07
status:	published
citation:	447 N.J.Super. 213 146 A.3d 674
Document Size:	40343

12 State v. Nance/Bolton/Williams -- rank: 717

... 1(a), (b); N.J.S.A. 2C:44-2; N.J.S.A. 2C:44-5 . The provision at the center of this case, section 6 ...

docket:	A-47-48
court:	NJ Supreme Court
decided:	2017-04-05
status:
citation:
Document Size:	93541

13 STATE OF NEW JERSEY v. SHILOH SMITH -- rank: 704

... an extended term on the second-degree offense, and because N.J.S.A. 2C:44-5(a)(2) permits only one extended term sentence at one ... the matter be remanded to the Law Division for resentencing. N.J.S.A. 2C:44-5(b) addresses "[s]entences of imprisonment imposed at different times ... far as possible conform to subsection a of this section." N.J.S.A 2C:44-5(b)(1). The relevant section of N.J.S.A. 2C:44-5(a), which governs sentences for more than one offense, provides ... at 554. We agreed, stating that "[b]y its terms, N.J.S.A. 2C:44-5(b)(1) only applies when the sentencing offense occurred prior ... sentence, concluding that by adhering to the plain meaning of N.J.S.A. 2C:44-5(b)(1), "it was legal error to have imposed ...

docket:	a0574-11
court:	NJ Superior Court Appellate Division
decided:	2014-05-05
status:	unpublished
citation:
Document Size:	52861

14 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 691

... 2d 535 , 544 (1983). As for the remaining counts, although N.J.S.A. 2C:44-5(a) provides in general terms for consecutive and concurrent sentences ...

docket:	A6158-04
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	Published
citation:
Document Size:	132363

15 STATE OF NEW JERSEY v. DAWMEEN FITZGERALD -- rank: 691

... 2d 535 , 544 (1983). As for the remaining counts, although N.J.S.A. 2C:44-5(a) provides in general terms for consecutive and concurrent sentences ...

docket:	A1282-05
court:	New Jersey Superior Court Appellate Division
decided:	2008-06-30
status:	unpublished
citation:
Document Size:	135133