Resentencing After Prior Conviction

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark

14-2-4712 State v. Brown , App. Div. (per curiam) (25 pp.)

Defendant appeals his convictions of second-degree aggravated assault, third-degree aggravated assault, and unlawful possession of a knife arising out of an altercation outside a fraternity house at Rutgers University.

Prior Conviction Supporting Aggravating Sentencing Factors

The panel affirms the convictions, but remands for resentencing because the judge failed to explain how defendant’s single prior conviction for possession of marijuana supported the finding of aggravating sentencing factors (3), (6) and (9); the judge clearly considered the age of defendant and the circumstances of the crime in imposing the sentence without explicitly finding certain mitigating factors; and the judge’s explanation of his findings in the context of the calculus required by Megargel was lacking.

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