GILBERT v. STATE BOARD OF PAROLE

CA A47967.

777 P.2d 1012 (1989)

98 Or.App. 53

John Howard GILBERT, Petitioner, v. STATE BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided August 9, 1989.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


PER CURIAM.

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...

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