[brief] Here, the trial court granted the State’s motion for a mandatory extended term based on its finding that [...] was a second offender with a firearm, pursuant to N.J.S.A. 2C:44-3d.  (6T 3-11 to 5-24, 6-6 to 20)  Defense counsel conceded that [...] met the criteria for the extended term.  (6T 3-22 to 4-8)  The relevant prior conviction was a third-degree aggravated assault conviction from 2017 in which [...] pleaded guilty to using a firearm during the assault.  (6T 4-12 to 5-24; PSR 8)  [...] was sentenced to three years of probation for the offense.  (6T 29-11 to 15; PSR 8)  The third-degree aggravated assault conviction was [...]’s only prior indictable conviction.  (6T 29-6 to 30-4; PSR 8)  In imposing a 13-year extended-term sentence, the Court found three aggravating factors under N.J.S.A. 2C:44-1a: (3) the risk that the defendant will commit another crime; (6) the extent of the defendant’s prior criminal record and the seriousness of the offenses of which he has been convicted, and (9) the need to deter.  (6T 30-5 to 31-20; Da 7-9)  The court’s findings for each of these factors turned substantially on [...]’s prior aggravated assault conviction, which the court had already considered in subjecting him to the mandatory extended term.  The court found aggravating factor 3 based on --- 10  The Court also found mitigating factor 14, N.J.S.A. 2C:44-1b(14), based on the fact that [...] was under 26 at the time of the offense.  (6T 30-5 to 8, 31-20 to 32-21; Da 7-9)  “this being his second offense with a weapon, especially when he was given probation on the first one. ”  (6T 30-12 to 18)  The court reasoned that “[h]e was given an ample opportunity to change his ways and then, unfortunately, was found, a couple years later, in possession of another weapon. ”  (6T 30-18 to 22)  The court found aggravating factor 6 because of “the seriousness that this state [] treat[s] the illegal possession of guns” and the fact that guns “pose a significant risk to the public. ”  (6T 30-23 to 31-7)  Finally, the court found aggravating factor 9 because [...], “in a short period, picked up a second gun charge knowing, without any doubt, the seriousness of being in possession of a gun,” and because the court wanted to “send a message to the community in general to deter the illegal possession of a weapon. ”  (6T 31-8 to 21)  The court’s statements reveal that it relied heavily on the fact that this was [...]’s second gun conviction to find each of the three aggravating factors.  Thus, the court impermissibly double-counted [...]’s prior conviction by using it both to sentence [...] to an extended term and to find the only three factors in aggravation.  See Vasquez, 374 N.J. Super. at 267.  Aside from the aggravated assault conviction that subjected [...] to the extended term, he had no prior indictable convictions.  (6T 29-6 to 30-4; PSR 8)  Accordingly, had the court not engaged in improper double-counting, there is a significant chance [...] would have received a shorter sentence.  This Court should remand for a resentencing in which the trial court does not inappropriately consider [...]’s prior indictable conviction in aggravation.  Dunbar, 108 N.J. at 89-92.  **CONCLUSION**