On appeal from the New Jersey State Parole Board.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 21, 2009
Before Judges Skillman and Graves.
This is an appeal from a denial of parole. Appellant is currently serving a twelve-year sentence, with six years of parole ineligibility, for second-degree possession of a weapon for an unlawful purpose, in violation of N.J.S.A. 2C:39-4(a), and a concurrent ten-year sentence for certain persons not to have weapons, in violation of N.J.S.A. 2C:39-7(b). These two convictions were appellant's eighth and ninth convictions for indictable offenses. As in this case, appellant's prior convictions also involved possession of a handgun for an unlawful purpose and/or unlawful possession of a handgun.
Several convictions involved aggravated assaults, apparently committed with handguns.
In determining that there is a reasonable likelihood appellant would violate the conditions of parole if he were released on parole and therefore parole should be denied, the parole panel that initially denied appellant parole relied on the following factors:
Prior criminal record is extensive and repetitive; nature of criminal record increasingly more serious; prior opportunities for community supervision (probation) have failed to deter criminal behavior; prior opportunities for community supervision have been violated in the past; prior incarceration failed to deter criminal behavior; insufficient problem resolution, specifically a lack of insight into criminal behavior, minimization of conduct; and substance abuse problem has not been sufficiently addressed.
Similarly, in affirming the parole panel's decision, the full Parole Board stated:
The record indicates that your prior criminal record is extensive and repetitive and the nature of your criminal record is increasingly more serious. You experienced prior incarcerations and an opportunity on probation, with a violation, which have failed to deter your criminal behavior.
Furthermore, the full Board found that based on your response to questions posed by the Panel at the time of the hearing, the Panel concluded that you minimize your conduct, lack insight into your criminal behavior and your substance abuse problem has not been sufficiently addressed. Of concern to the Panel is the fact that you have 15 prior weapon charges and a serious heroin addiction. In addition, the Panel was concerned about your belief that it is your responsibility to protect your family with guns.
On appeal, appellant presents the following arguments:
POINT I: THE FULL BOARD NARRATIVE NOTICE OF DECISION WAS NOT SERVED ON APPELLANT AND SHOULD THEREFORE BE STRICKEN FROM THIS APPELLATE RECORD.
POINT II: THE BOARD'S DECISION TO DENY PAROLE WAS NOT SUPPORTED BY THE RECORD AND MUST THEREFORE BE REVERSED FOR A NEW HEARING; IN THE ...