Alvillar v. Board of Pardons & Parole
322 P.3d 1204
Utah Ct. App.2014Background
- Alvillar was sentenced in 2012 to three concurrent indeterminate terms zero to five years for unlawful acquisition/possession/transfer of a financial transaction card and two counts of theft by deception.
- In July 2012, he appeared at a Board hearing for original parole; the Board denied parole on August 2, 2012, directing service of the maximum five years.
- Alvillar challenged the Board’s decision via petition for extraordinary relief; the district court granted the Board summary judgment.
- Alvillar argued the Board resentenced him without a full Board hearing, and relied on undisclosed documents, and used his personal characteristics.
- The district court held Board decisions on parole are final and not subject to judicial review; review is limited to process fairness, not the result.
- The court affirmed summary judgment, rejecting all of Alvillar’s challenges to the Board’s action.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the five-year term constitutes resentencing without a hearing | Alvillar: resentence without full Board hearing | Board: term within indeterminate range; not a resentence | Not a resentencing; within Board's discretion |
| Whether due process was violated by withholding some documents | Alvillar: lacked full file disclosure | Board provided summaries; some sources confidential | No material due process issue; summaries provided and withholding justified |
| Whether reliance on personal characteristics invalidates the decision | Alvillar: Board used improper factors | Board may weigh relevant factors; not reviewable | Not reviewable; Board may consider relevant factors |
| Scope of judicial review of parole decisions | Alvillar: seek review of outcome | Parole decisions are final; only process fairness review available | Judicial review limited to process fairness; outcome not reviewable |
Key Cases Cited
- Preece v. House, 886 P.2d 508 (Utah 1994) (Board's authority to determine years served within indeterminate term; guidelines not binding law)
- Lancaster v. Board of Pardons, 869 P.2d 945 (Utah 1994) (paroles decisions are final and not subject to judicial review)
- Labrum v. Board of Pardons, 870 P.2d 902 (Utah 1993) (need to know information and timing; confidential sources may be withheld with summaries)
- Northern v. Barnes, 825 P.2d 696 (Utah Ct.App.1992) (Board may consider relevant factors in parole determinations)
- Monson v. Carver, 928 P.2d 1017 (Utah 1996) (Board's sentence timing within discretion; not arbitrary)