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Robinson v. New Jersey State Parole Board

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


July 13, 2007

EDWARD ROBINSON, APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.

On appeal from a final decision of the State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted June 19, 2007

Before Judges Stern and Coburn.

Edward Robinson appeals from the February 8, 2006 final administrative determination of the Parole Board, which affirmed the decision of a three member panel denying parole and established a 240-month future eligibility term (FET).*fn1

The Board rendered an opinion and adhered to the notice of decision by the three member panel, entered on May 18, 2005, and the panel's comprehensive Notice of Decision dated July 1, 2005*fn2 as to both the reasons for denial and the twenty year FET.

Robinson is now incarcerated in a correctional facility in Maryland under the Interstate Corrections Compact due to his history of institutional infractions. He is serving a life sentence for a Title 2A murder and related crimes committed in 1978, and a consecutive sentence for a Title 2C kidnapping and related offenses in 1988 stemming from an incident involving the taking of hostages while incarcerated at Northern State Prison. According to the panel's Notice of Decision, he has served his sentence "in about thirty prisons in about six states."

The record warrants the determination of the Parole Board, and there is no basis for interfering with the conclusion of the three member panel that appellant has not "sufficiently reduced the likelihood of future criminal behavior." See, e.g., In re Trantino Parole Application, 89 N.J. 347, 377 (1982); Trantino v. N.J. State Parole Bd., 154 N.J. 19, 27 (1998); Trantino v. N.J. State Parole Bd., 166 N.J. 113, 173 (2001) (Title 2A murder); N.J. Parole Bd. v. Cestari, 224 N.J. Super. 534, 547-48 (App. Div.), certif. denied, 111 N.J. 649 (1988) (Title 2C case; scope of review); R. 2:11-3(e)(1)(D)(E). The panel specifically noted that as a Title 2A prisoner, appellant is entitled to annual reviews and that his future progress can result in the reduction of his FET. See Trantino v. N.J. State Parole Bd., 296 N.J. Super. 437, 470 (App. Div. 1997), aff'd as modified, 154 N.J. 19 (1998).

The final administrative determination is affirmed.


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