Opinion

Allbee v. State Board of Parole

  • 99 Or. App. 201
  • 781 P.2d 873
  • 1989 Ore. App. LEXIS 1636
Court
Court of Appeals of Oregon
Filed
Oct 25, 1989
Status
Published
On the bench
Deits, Newman, Richardson
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

PER CURIAM

Petitioner was convicted on three counts of kidnapping, and the court imposed 20-year sentences with a minimum term of 10 years on each count. The Board of Parole overrode one minimum sentence and reduced his prison term by seven months. He seeks review, contending that, by overriding one minimum sentence, the Board necessarily overrode all three and was required to set a new release date. The state concedes error, citing Roof v. Board of Parole, 85 Or App 188 , 736 P2d 193 (1987). However, we do not agree with the state, and affirm.

Before the hearing on petitioner’s parole release date, the Board adopted a temporary rule that allowed it to “[o]verride one or more of the judicial (ORS 144.110) minimums.” Former OAR 255-35-023(2)(c) (temporary rule effective July 6, 1987). The Board had authority to override only one of the minimum sentences. 1 See Williams v. Board of Parole, 98 Or App 716 , 780 P2d 793 (1989).

Petitioner’s remaining contentions do not warrant discussion. Affirmed.

The Board has since adopted a permanent rule. OAR 255-35-023(3).

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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