On appeal from Superior Court of New Jersey, Law Division, Ocean County, Indictment No. 07-10-1651.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted December 14, 2010 - Decided Before Judges Wefing and Koblitz.
A jury convicted defendant of violating a condition of his community supervision for life, N.J.S.A. 2C:43-6.4d, a crime of the fourth degree. The trial court sentenced defendant to eighteen months in prison. Defendant has appealed his conviction and sentence. After reviewing the record in light of the contentions advanced on appeal, we affirm.
In 2003, defendant was convicted of a criminal offense which entailed, as part of his sentence, community supervision for life. In connection with that sentence, he acknowledged in writing that he had been fully informed of all the conditions attached to community supervision for life, including Condition 14, which states, "I am to obtain the permission of the assigned parole officer prior to securing, accepting or engaging in any employment or business activity and prior to a change in employment."
From approximately 2006, defendant resided in Whiting, in Manchester Township, providing assistance to an elderly gentleman who had various ailments, and he received a weekly stipend for his services. His parole officer would regularly meet with defendant at the residence and during the course of those meetings would inquire about defendant's efforts to obtain further employment. In response, defendant only told his parole officer of three specific instances: an application for a manufacturing position and twice participating in drug trials.
In June 2007, defendant's parole officer saw a listing in the Asbury Park Press of new businesses in the area; included in that listing was an entry for Freelance Photo and Modeling, which named defendant as the owner and gave as the business address the residence at which he was providing care and assistance. Defendant was arrested for violating Condition 14.
An investigation developed the following additional facts. On April 5, 2007, defendant filed a New Jersey Certificate of Trade Name with the Ocean County Clerk's Office for the business name Freelance Photo and Modeling, listing that home address as the business address.
In April 2007, Jennifer DeWorth was eighteen years old and had just started working at the Ocean County Clerk's Office as a clerk typist. She left work early one afternoon because she was not feeling well. While walking down the street, she was approached by a man, later identified as defendant, who told her his name was Divad and asked her if she knew where the modeling agency was located. She said she did not. Defendant asked if she would be interested in doing work for his modeling agency. Flattered, she said she would be. They made arrangements to meet the following day at a restaurant in Barnegat where they would have something to eat, after which defendant would take pictures of her. She gave defendant her telephone number. He called her the following day to finalize details. DeWorth's testimony about this conversation unfolded in the following manner:
Q: And the discussion was to go where?
A: To meet at the Carriage House and just -- we had plans to go to the beach to take pictures after dinner, and just to wear lowcut - -Q: Well, without going into details of what he said, he had some conversation with you about your attire?
She hung up on defendant. He placed a number of subsequent calls to her, none ...