Smith v. Board of Parole

Petitioner appeals from an order of the Board of Parole (Board) establishing his history risk score, crime category and his matrix range. He contends that the Board failed to follow its own rule in setting his history risk score and failed to obtain the material it was required to consider in setting his matrix range. The Board concedes error in both respects but contends that the error is harmless, because it did not vote to override the minimum sentence imposed by the trial court. We reverse and remand.

Petitioner was convicted in Jackson County on three counts of first degree burglary 1 and…