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1 STATE OF NEW JERSEY v. JAMES FAIR -- rank: 1000

Original Wordprocessor Version (NOTE: The status of this decision is Unpublished.) NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not 'constitute precedent or be binding upon any court .'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status:	Unpublished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

2 State v. David T. Pomianek, Jr. -- rank: 942

... c. 211, § 3 (emphasis added) (codified as amended at N.J.S.A. 2C:44-3(e), invalidated by Apprendi v. New Jersey , 530 U.S ... made clear that bias motivation in the sentence-enhancement provision, N.J.S.A. 2C:44-3(e), was an element of the offense, disguised as a ... at 2362-63, 147 L. Ed. 2d at 455. Notably, N.J.S.A. 2C:44-3(e) hinged a sentence enhancement on a defendant’s intent ... bill sponsored in the Senate corrected the constitutional defect in N.J.S.A. 2C:44-3(e) and provided that the purpose to intimidate on the ...

docket:	A-32-13
court:	NJ Supreme Court
decided:	2015-03-17
status:
citation:	221 N.J. 66 110 A.3d 841
Document Size:	107351

3 State v. Kevin Jerome Hudson -- rank: 921

... court found that Hudson qualified as a persistent offender under N.J.S.A. 2C:44-3(a) based on his prior record, 4 and determined that ... if the individual is found to be a persistent offender. N.J.S.A. 2C:44-3. 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).] The sentencing court must assess the defendant’s prior ... with the purpose of the persistent offender extended term statute, N.J.S.A. 2C:44-3, to enhance the punishment for habitual offenders. See State v ... when a defendant who qualifies as a persistent offender under N.J.S.A. 2C:44-3 is sentenced for different crimes in different proceedings. See State ... in a combined proceeding. The Legislature’s purpose in enacting N.J.S.A. 2C:44-3 and N.J.S.A. 2C:44-5 was ...

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

4 State of New Jersey v. James W. Robinson -- rank: 883

... determined that defendant qualified as a persistent offender pursuant to N.J.S.A. 2C:44-3(a), and imposed a discretionary persistent offender extended term on ... of a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a) and a mandatory extended term under N.J.S ... deterrence, as well as any preventive or incapacitative objective. Under N.J.S.A. 2C:44-3, New Jersey’s Criminal Code permits a sentencing judge, on ... determined that defendant qualified as a persistent offender pursuant to N.J.S.A. 2C:44-3(a) and imposed a discretionary persistent offender extended term on ... a discretionary extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3(a), and a mandatory extended term pursuant to N.J ... 2C:43-6(f), 2C:43-7, 2C:44-3). N.J.S.A. 2C:44-3, which addresses discretionary extended terms, presents the sentencing judge ...

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

5 /usr/local/share/www/libweb/collections/courts/appellate/a5991-17.opn.html -- rank: 878

... on defendant's status as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). For first-degree armed robbery, the court sentenced defendant ... b). The State applied for a mandatory extended term under N.J.S.A. 2C:44- 3(d), a provision of the Graves Act, and a discretionary term as a persistent offender under N.J.S.A. 2C:44-3(a). The court determined defendant was A-5991-17T1 3 ... and a discretionary extended term as a persistent offender. Under N.J.S.A. 2C:44-3(d), the court imposed a mandatory extended term of fifty ... two armed robberies qualified him as a persistent offender under N.J.S.A. 2C:44-3(a), giving the court the discretion, at the State's ... Graves Act crime, subjecting him to a mandatory extended term. N.J.S.A. 2C:44-3(d). Imposition of a mandatory extended term under N. ...

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6 State of New Jersey v. Maurice Pierce -- rank: 864

... offender and sentenced to a discretionary extended term pursuant to N.J.S.A. 2C:44-3. Consistent with State v. Dunbar , 108 N.J. 80 (1987 ... finding involved in sentencing him as a persistent offender under N.J.S.A. 2C:44-3(a). We hold that a sentencing court does not engage ... offender and sentence him to a discretionary extended term. See N.J.S.A. 2C:44-3 (conferring discretion on sentencing court to impose, on application made ... The court initially examined whether the minimum statutory requirements for N.J.S.A. 2C:44-3(a) sentencing were present (step one). The court found that ... confer discretion on the sentencing court. The persistent offender statute, N.J.S.A. 2C:44-3(a), grants the sentencing court discretion to impose an extended ... first, second or third degree and is a persistent offender. [ N.J.S.A. 2C:44-3(a) (emphasis added).] The prerequisite finding is that the ...

docket:	a-18-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	110634

7 State v. Buddy Randolph -- rank: 845

... 188 N.J. 155 (2006). Pierce addresses the standard of N.J.S.A. 2C:44-3(a) for sentencing under the persistent offender statute, and is ...

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

8 /usr/local/share/www/libweb/collections/courts/appellate/a1137-17.opn.html -- rank: 842

... conviction in the extended term as a persistent offender under N.J.S.A. 2C:44-3(a). In doing so the court recognized that although the ... N.J. 494, 505 (2005)). Under the persistent offender statute, N.J.S.A. 2C:44-3(a), a sentencing court has 'discretion to impose an extended ... State v. Hudson, 209 N.J. 513, 526 (2012) (quoting N.J.S.A. 2C:44-3). A-1137-17T3 51 As to consecutive sentences, at the ... of the crime for which the defendant is being sentenced. [N.J.S.A. 2C:44-3(a).] The trial court must consider a four-part test ...

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9 State of New Jersey v. Chris Thomas -- rank: 835

... race, color, gender, handicap, religion, sexual orientation, or ethnicity.” N.J.S.A. 2C:44-3(e) (repealed 2001). In a five to four decision, the ...

docket:	a-43-05
court:
decided:	2006-08-02
status:
citation:	*CITE_PENDING*
Document Size:	78257

10 /usr/local/share/www/libweb/collections/courts/supreme/a-37-17.opn.html -- rank: 823

... the remaining six counts of the indictment. E. Pursuant to N.J.S.A. 2C:44-3(a), the State moved for the imposition of a discretionary ... defendant to be a persistent offender within the meaning of N.J.S.A. 2C:44-3(a). Relying on State v. Pierce, 188 N.J. 155 ... of the crime for which the defendant is being sentenced. [N.J.S.A. 2C:44-3(a).] 6 Prior to our decision in Pierce, sentencing courts ... defendant qualified as a “persistent offender” for purposes of N.J.S.A. 2C:44-3(a); accordingly, he was statutorily eligible for a discretionary extended ... both to determine defendant’s “persistent offender” status under N.J.S.A. 2C:44-3(a) and to support the court’s finding of aggravating ... must first, on application for discretionary enhanced-term sentencing under N.J.S.A. 2C:44-3(a), review and determine whether a defendant’s criminal ...

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11 /usr/local/share/www/libweb/collections/courts/appellate/a3430-17.opn.html -- rank: 814

... after finding that defendant was a persistent offender pursuant to N.J.S.A. 2C:44-3(a). Defendant Graulau also claims the trial court erred (1 ... extended term of imprisonment as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). The trial judge imposed a state prison term of ... to an extended term as a persistent offender pursuant to N.J.S.A. 2C:44- - 3(a); (2) the trial court impermissibly double-counted his prior ... for a discretionary extended term as a persistent offender under N.J.S.A. 2C:44- - 3(a).6 He nonetheless maintains that his role in the assault does not warrant an 6 N.J.S.A. 2C:44-3(a) provides: A persistent offender is a person who at ... the required findings and properly imposed an extended term under N.J.S.A. 2C:44-3(a). B. Leeper contends the trial court impermissibly double- ...

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12 STATE OF NEW JERSEY v. FRANK L. AIGOTTI -- rank: 804

... motion to sentence defendant to an extended term pursuant to N.J.S.A. 2C:44-3(a) as a persistent offender. For the robbery, the judge ... WEIGHT, ESPECIALLY THE A-4443-17T4 12 INTERPRETATION OF THE N.J.S.A. 2C:44-3(a) MOTION. (Not Raised Below). III. We turn first to ... to an extended term as a 'persistent offender,' pursuant to N.J.S.A. 2C:44-3(a). The statute provides that the court may impose an ... he claims were outside the ten-year window established in N.J.S.A. 2C:44-3(a). Those offenses were third-degree resisting arrest and third ... 2005 in determining if he was a persistent offender under N.J.S.A. 2C:44-3(a). Defendant also argues that the judge erred by considering ... offenses, which were committed within the ten-year window under N.J.S.A. 2C:44-3(a). Defendant asserts it would be contrary to the ...

docket:	a4443-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-24
status:	Unpublished
citation:
Document Size:	57189

13 /usr/local/share/www/libweb/collections/courts/appellate/a4644-17.opn.html -- rank: 799

... to an extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3(a) and received a twenty-five-year prison term subject ... to an extended term as a persistent offender pursuant to N.J.S.A. 2C:44-3(a). Subsequently, the State moved to sentence defendant to a ... of law we review de novo. Ibid. 18 Pursuant to N.J.S.A. 2C:44-3(a), a defendant qualifies for an extended term as a ... counsel acknowledged at sentencing that the requirements set forth in N.J.S.A. 2C:44-3(a) were met. The trial court asked counsel, 'Do you ...

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14 STATE OF NEW JERSEY v. TARIQ THOMPSON -- rank: 797

... to a discretionary extended term as a persistent offender under N.J.S.A. 2C:44-3(a), on the second-degree robbery count. The judge then ...

docket:	a5288-17
court:	NJ Superior Court Appellate Division
decided:	2022-03-02
status:	Unpublished
citation:
Document Size:	101207

15 STATE OF NEW JERSEY v. CANDIDO MAYAS -- rank: 795

... impose an extended term sentence based on persistent offender status, N.J.S.A. 2C:44-3(a). The trial judge found three aggravating factors: N.J ... mitigating factors and ruled that Manuel was a persistent offender, N.J.S.A. 2C:44-3(a). Manuel was sentenced to an extended fifteen-year term ... already serving. After ruling that Candido was a persistent offender, N.J.S.A. 2C:44-3(a), the trial court found aggravating factors N.J.S ... S.A. 2C:39-7(b) do not merge. Finally, N.J.S.A. 2C:44-3(a) provides in part that an extended term as a ... of the crime for which the defendant is being sentenced. [ N.J.S.A. 2C:44-3(a).] However, only one extended term may be imposed, N ... discretionary extended terms on Candido, under the Persistent Offender Statute, N.J.S.A. 2C:44-3(a), were illegal sentences. We conclude Candido was eligible ...

docket:	a2227-07
court:	NJ Superior Court Appellate Division
decided:	2011-07-29
status:	unpublished
citation:
Document Size:	76421