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STATE v. LAWLESS

A-89 September Term 2011, 069703

70 A.3d 647 (2013)

214 N.J. 594

STATE of New Jersey, Plaintiff-Appellant, v. John J. LAWLESS, Jr., Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 22, 2013.

Attorney(s) appearing for the Case

Carol M. Henderson, Assistant Attorney General, argued the cause for appellant (Jeffrey S. Chiesa, Attorney General of New Jersey, attorney).

John J. Zarych, Northfield, argued the cause for respondent.

Justice PATTERSON delivered the opinion of the Court.

When it enacted N.J.S.A. 2C:44-1, the Legislature established aggravating and mitigating circumstances for a court to consider when it sentences a convicted defendant within the statutory range applicable to his or her offense. The first of thirteen enumerated aggravating factors focuses the court's inquiry on "[t]he nature and circumstances of the offense, and the role of the actor therein, including whether...

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