Sterling Cunio

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November 1, 2017 - Oregon Court of Appeals - Sterling Ray Cunio v. Board of Parole and Post -Prison Supervision

Petitioner seeks judicial review of the Board of Parole and Post -Supervision's action establishing a prison term of 576 months on petitioner's two consecutive life sentences for aggravated murder, which he committed in 1994 when he was a juvenile. He contends, among other things , that the board had impermissibly required that petitioner remain incarcerated for life, had erred in calculating his matrix range, and had erred in precluding petitioner from introducing mitigating evidence related to events that occurred in the years following the crimes. Held: The board acted inconsistently with its rules in excluding petitioner's mitigating evidence at the prison -term hearing; that conclusion requires reversal and remand for a new hearing at which the board must consider petitioner's proffered evidence in setting a prison term and projected parole release date for petitioner. On remand, the board must also explain its allocation of the burden of proof when an inmate challenges the use of "uncounseled" juvenile adjudications to calculate the inmate's criminal history/risk score under the matrix guidelines. Petitioner's remaining assignments of error are premature. Reversed and remanded.


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