Baker v. Board of Parole

The Coding Rules allow prior offenses to be counted as both “non-sexual violence” and a “sexual offense” when the same victim is effected in both convictions. Coding Rules at 60.

Petitioner appealed a final order from the Board of Parole and Post-Prison Supervision (board) that evaluated him as a Level 3 sex offender. Petitioner assigned error the calculation by the board which he claimed incorrectly determined him as a Level 3. Petitioner argued the board’s calculation of his sex offender level was wrong for several reasons, including a miscalculation of Petitioner's 1986 conviction. The Coding Rules allow prior offenses to be counted as both “non-sexual violence” and a “sexual offense” when the same victim is effected in both convictions. Coding Rules at 60. The Court held that when the Board double-counted Petitioners' convictions, no legal error occurred in the lower court because the conviction was pointed towards the same victim. Additionally, Petitioner's subsequent arguments failed for similar reasons. The board correctly interpreted the Coding Rules and used appropriate discretion. Affirmed.