Gilbert v. State
Gilbert v. State
Opinion of the Court
Petitioner, Andre Roger Gilbert, brings an appeal from a judgment issued in the Superior Court, Cumberland County, (Bradford, J.) determining that the parole board had no authority to release him from prison on parole. Further, the petitioner suggests that the parole board’s failure to give his case effective review is an abuse of discretion by the board. Because this case is governed by 34-A M.R.S.A. § 5807, which removes the board’s discretion in cases precisely like the one presented here, we find no abuse of discretion and, therefore, affirm the judgment of the Superior Court.
In 1951 the petitioner was convicted and sentenced to life for murder. In 1969, after a series of legislative enactments extended the parole board’s authority to act on the requests of life prisoners, the petitioner was paroled. While on parole in 1975, the petitioner was convicted of aggravated assault, sentenced to 2% to 5 years, and returned to the Maine State Prison, his parole revoked. The petitioner has made a number of efforts to secure his release from prison since his return in 1975.
When the petitioner was convicted in 1951, the parole board, established in 1913, had no authority to parole him.
When the petitioner was convicted of aggravated assault in 1976, a provision in the statute required that any additional sentence of more than one year must be served after the completion of the underlying sentence.
Termination is defined as discharge. Hartley v. State, 249 A.2d 38, 40 (Me. 1969). In Gilbert I, we distinguished between parole, as an alternative means of serving a sentence, and discharge, which is termination. We expressly stated that the petitioner, as a prisoner sentenced before 1959, was ineligible for discharge by the parole board because any discharge would “act as a commutation of Gilbert’s sentence and thereby usurp a power that the Maine Constitution vests exclusively in the Governor.”
The entry is:
JUDGMENT AFFIRMED.
All concurring.
. A habeas corpus petition filed in the United States District Court was denied in 1976. Petitions for habeas corpus and reduction of sentence were denied by the Superior Court, Ken-nebec County, in 1979.
. R.S. ch. 136, § 12 (1944), the statute in effect at the time of sentencing, specifically removes the parole board's authority in cases of "any person convicted of an offense the only punishment for which prescribed by the law is imprisonment for life ...” Id.
. These changes are noted in Gilbert v. State, 505 A.2d 1326, 1327 (Me. 1986). In 1953, lifers could achieve parole eligibility after 30 years. P.L.1953, ch. 382. In 1959, that 30 year minimum could be further reduced by good behavior, and, after 10 years on parole the board could discharge the sentence. P.L.1959, ch. 312 § 13. The 30 year minimum was reduced to 15 years in 1969. P.L.1969, ch. 280.
.34 M.R.S.A. § 1676 (now 34-A § 5807) reads:
Any parolee who commits an offense while on parole where the offense is punishable by imprisonment for one year or more and who is sentenced to the Department of Corrections shall serve the 2nd sentence beginning on the date of termination of the first sentence unless the first sentence is otherwise terminated by the board.
. If Gilbert were a post-1959 life prisoner, he would become eligible for discharge upon completion of 10 years of release on parole. 34-A M.R.S.A. § 5809. Prisoners who are not sentenced to life imprisonment are also eligible for discharge when no longer in need of supervision. Id.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.