State v. Kromphold

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that evidence of an element of the offense may not be used to support a sentencing aggravating factor
• holding finding of an aggravating sentencing factor cannot be premised solely upon an essential element of the crime for which defendant is being sentenced; such \double-counting\ is not permitted
• reviewing cases applying \prohibition against using evidence both for sentencing purposes and to establish an element of an offense\
• finding aggravating factor two applied where the defendant caused psychological harm to a sexual assault victim
• explaining when a court considers the harm caused to the victim under N.J.S.A. 2C:44-1(a)(2
• “The Code confers on a sentencing court the limited power to depart from the presumptive terms in N.J.S.A. 2C:44-1f(1) if it finds a preponderance of aggravating or mitigating factors.”

Source: CourtListener parenthetical corpus (CC0).