# Gilbert v. State Board of Parole

> Court of Appeals of Oregon · August 9, 1989 · 98 Or. App. 53

URL: https://www.frixlaw.com/law-library/cases/6937456

## Case

- **Full name:** JOHN HOWARD GILBERT v. STATE BOARD OF PAROLE
- **Court:** Court of Appeals of Oregon
- **Decided:** August 9, 1989
- **Citations:** 98 Or. App. 53; 777 P.2d 1012; 1989 Ore. App. LEXIS 966
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Buttler, Rossman, Warren
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6937456

## Opinion text

PER CURIAM
Petitioner seeks review of a final order of the Board of Parole setting his release date. We address only his principal contention 1 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.
His other assignment requires no discussion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6937456. Public record. Not legal advice.