Opinion

Troiano v. Board of Parole & Post-Prison Supervision

  • 144 Or. App. 325
  • 925 P.2d 167
  • 1996 Ore. App. LEXIS 1629
Court
Court of Appeals of Oregon
Filed
Oct 30, 1996
Status
Published
On the bench
Riggs, Landau, Leeson
Cited by
2 cases
Authority
More cited than 61.8%

The opinion

*326

PER CURIAM

Petitioner seeks judicial review of an order of the Board of Parole and Post-Prison Supervision (Board) denying his re-release onto parole. ORS 144.335 (1993); ORS 183.482. We address only the first assignment of error.

Petitioner contends that the Board erred in imposing 25 months of parole, instead of six months as prescribed by the post-prison supervision violation sanctions. He contends that the Board followed OAR 255-75-096, which, he asserts, contravenes ORS 144.346(2).

1

However, petitioner never raised that issue below. To the Board, petitioner argued that if it had applied

former

OAR 255-75-090(2), his sentence would have been eight to twelve months.

Petitioner failed to preserve his claim of error.

See Woolstrum v. Board of Parole,

141 Or App 332, 336 , 918 P2d 112 (1996).

Affirmed.

1

ORS 144.346(2) provides:

“To the extent permissible under law, the parole revocation sanctions established under this section shall be consistent with the post-prison supervision violation sanctions set by rules of the Oregon Criminal Justice Commission.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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