Deputy county attorney Chad Grunander never expected Mike Pino to serve a full 30 years after he was sentenced in August 2007. But the prosecutor was surprised when the Board of Pardons and Parole gave him a release date of January 2011.

"When we look at a defendant who's served time in prison, and then they go back to prison, it seems to be that much more serious because they're simply not getting the message," Grunander said. "We wouldn't expect that Pino would do 30 years. But three and a half years seems rather short, considering the totality of his cases and his history and so forth."

Pino pleaded guilty last year to felony charges of possession of a controlled substance and receiving stolen property. Pino's attorney asked Judge Gary Stott to take into consideration the small amount of drugs and relatively low value of the stolen property, but the judge followed Grunander's urging to consider Pino's criminal history.

Pino was on the county attorney's office's persona non grata list, which is reserved for people whom prosecutors consider to be the county's most prolific offenders. The list does not generally include people who commit violent crimes, but instead focuses on those who have large numbers of crimes such as theft, burglary, forgery and drug offenses.

Jim Hatch, a spokesman for the Utah Board of Pardons and Parole, said parole dates are generally determined under a rubric known as a guideline score, which takes into consideration issues such as the nature and severity of offenses, criminal history and conduct while under supervision. The guidelines score isn't binding -- the board can go higher or lower, depending on other factors -- but it is a good starting point, Hatch said.

In Pino's case, the board set a release date lower than the sentence recommended under the guideline score. The score indicated an appropriate sentence of 57 months, but the board decided to parole Pino after 42. With his lack of violent offenses, good behavior and enrollment in a substance abuse treatment program at the Utah State Prison, the board felt that the extra 15 months wouldn't serve as a greater deterrent, and Pino would have plenty of rehabilitation opportunities in his 42 months behind bars.

"It costs about $25,000 a year per inmate, and so if you can accomplish in 42 (what you can in 57), then that's going to be a big savings to the state. Prisons are crowded, and they just felt like he was one who could get out a little earlier than his guideline," Hatch said.

Prosecutors and judges are not permitted to speak at inmates' parole hearings -- only the inmate and victims have that right -- but they can write letters giving recommendations about sentences. Grunander said he wrote a letter to the board urging a harsher sentence for Pino.

Grunander said it can be frustrating to see a defendant get parole so early, but such shortened sentences are common.

"Unfortunately it's more the norm than the exception. It definitely can be frustrating," Grunander said. "This doesn't deter us from prosecuting these people and putting forth our best efforts. ... But it can be somewhat disheartening, disappointing and frustrating."

Grunander also expressed frustration with the Board of Pardons and Parole's decision to grant an early parole date for another inmate, Nicki Lynn Warner, though he noted that her criminal history is not comparable to Pino's. In December, Warner was sentenced to up to 15 years in prison for a number of crimes, including forging checks from her murdered sister-in-law's bank account. She will be paroled in November 2009.

Hatch said Warner's guideline score indicated an appropriate sentence of 31 months. Including time served in the Utah County Jail, Warner will have served 30 when she is released.

• Jeremy Duda can be reached at 344-2561 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it