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Barrick Wesley v. New Jersey State Parole Board

October 16, 2012

BARRICK WESLEY, APPELLANT,
v.
NEW JERSEY STATE PAROLE BOARD, RESPONDENT.



On appeal from the New Jersey State Parole Board.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted October 2, 2012

Before Judges Waugh and St. John.

Appellant Barrick Wesley appeals the final administrative action of the New Jersey Parole Board (Parole Board), denying parole and setting a sixty-month future eligibility term (FET). We affirm.

I.

We discern the following facts and procedural history from the record on appeal.

Wesley is serving*fn1 an aggregate term of twenty years following his plea of guilty to three counts of third-degree theft by unlawful taking, contrary to N.J.S.A. 2C:20-3(a). The sentence, which was imposed in July 2007, is not subject to any period of parole disqualification.

Wesley became eligible for parole in August 2010. After one of the Parole Board's hearing officers referred the matter to a two-member panel of the Board, the panel considered his case in May 2010, denied parole, and referred the matter to a three-member panel to establish an FET in excess of the one called for by the Board's administrative guidelines. The panel based its determination on its finding that there was "a reasonable expectation" that Wesley would re-offend if released on parole, citing in particular his prior history of re-offense.

In July 2010, the three-member panel, which included the two members of the first panel, reviewed Wesley's record, his letter of mitigation, and a letter from an assistant prosecutor from Passaic County urging favorable consideration of his application. The panel set an FET of sixty months, explaining its reasons in an eleven-page decision. After setting out Wesley's prior history of offenses, conduct after parole, and conduct while incarcerated, the panel concluded:

Based upon a comprehensive review of your entire record, it is clear that you continue to remain a substantial threat to public safety. The focus of the three-member Board panel's review of your case is to determine the future parole eligibility term that would reasonably be required of an individual with your behavioral history.

The three-member Board panel believes that during your five (5) years of incarceration you have:

* been unable to identify the causes of your criminal behavior, therefore failing to develop adequate insight into your violent criminal personality characteristic; and

* failed to appropriately and adequately address the causes of your criminal behavior through specific program participation or by other methods, which would demonstrate satisfactory evidence of rehabilitative progress. Specifically, it is clear that the narcotic program participation that you have thus far attended has given you no insight into your addiction, your stressors and/or the ...


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