STATE OF NEW JERSEY v. ANGEL VARGAS
Annotate this CaseNOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2608-05T52608-05T5
STATE OF NEW JERSEY,
Plaintiff-Respondent,
v.
ANGEL VARGAS,
Defendant-Appellant.
_____________________________
Submitted July 3, 2 006 Decided August 7, 2006-
Before Judges Collester and Weissbard.
On appeal from Superior Court of New Jersey,
Law Division, Camden County, 1658-06-94-I.
Angel Vargas, appellant pro se.
James P. Lynch, Special Deputy Attorney
General, Acting Camden County Prosecutor,
attorney for respondent (Robin A. Hamett,
Assistant Prosecutor, of counsel and on the
brief).
PER CURIAM
Defendant Angel Vargas appeals from an order on November 14, 2005, denying his motion for a change of custody to a custodial drug rehabilitation facility pursuant to R. 3:21-10(b)(1). Defendant is currently incarcerated in New Jersey State Prison following his 1996 guilty plea to eight separate indictments charging various second- and third-degree offenses for which he received an aggregate sentence of twenty years with a seven-year period of parole ineligibility, and, subsequently, an additional consecutive eighteen-month term in 1998 for the fourth-degree offense of riot/failure to disperse in violation of N.J.S.A. 2C:33-1(a)(1). On March 7, 2005, defendant filed a motion for custodial change accompanied by a "Letter in Lieu of Brief" setting forth the following:
In 1987 I was exposed to drugs. I began to experiment with drugs and quickly lost control. I found myself abusing drugs, since then my life has been unmanageable. I have struggled with this disease for the past seventeen (17) years of my life.
Over the last seventeen (17) years, I have spent close to fourteen (14) years incarcerated in the New Jersey State Prisons due to my drug addiction.
During the time of my confinement, I participated and completed various programs. (See Attached Certificates).
Now I, Angel Vargas, present this Motion for Custodial Change in hopes of being Sentenced to an In-Patient Drug Program in order that I may receive the help I need to continue working on my recovery. I know and understand that I have a drug addiction. It is time for me to get the help I need to correct the core problem of my disease.
On November 14, 2005, the motion judge denied a change of custody and gave the following reasons:
The Court is in receipt of your motion, dated March 7, 2005, requesting a change of custody to a drug treatment program under New Jersey Court Rule 3:21-10(b)(1). I have reviewed your application and find that you have failed to demonstrate that you are an appropriate candidate for such relief.
In December of 2000, I denied your motion requesting a change of custody that you filed in November of 2000. I find no substantial change in circumstances since your previous motion was denied and find that a change of custody in your case would be incompatible with the welfare of society.
Defendant's arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(2). Affirmed.
(continued)
(continued)
3
A-2608-05T5
August 7, 2006
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