Gilbert v. State Board of Parole
This text of 777 P.2d 1012 (Gilbert v. State Board of Parole) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Petitioner seeks review of a final order of the Board of Parole setting his release date. We address only his principal contention1 that the Board erred in computing his history/risk score by counting four convictions in which he was without counsel. The Board imposed the burden on him to prove that he was denied counsel in those convictions and did not waive counsel. We have upheld the Board’s rule that, in the absence of a record indicating a constitutional infirmity of a conviction, it will take the prior conviction into account in determining an inmate’s criminal history/risk score. Matteson v. Board of Parole, 63 Or App 418, 664 P2d 434 (1983). The record does not show a constitutional infirmity in any of the four convictions. The Board followed its rule here.
Affirmed.
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Cite This Page — Counsel Stack
777 P.2d 1012, 98 Or. App. 53, 1989 Ore. App. LEXIS 966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gilbert-v-state-board-of-parole-orctapp-1989.