Opinion

Keenan v. Board of Parole

  • 114 Or. App. 414
  • 834 P.2d 546
  • 1992 Ore. App. LEXIS 1485
Court
Court of Appeals of Oregon
Filed
Jul 22, 1992
Status
Published
On the bench
Buttler, Muniz, Rossman
Cited by
0 cases
Authority
More cited than 17.1%

The opinion

PER CURIAM

Petitioner seeks judicial review of an order denying him parole. Because petitioner has exhausted his administrative remedies, we have jurisdiction to review. Owens v. Board of Parole, 113 Or App 507 , 834 P2d 547 (1992.)

Petitioner argues that the Board erred in finding aggravating factor O, consecutive sentences, because his consecutive sentences already include murder. ORS 144.079(2). 1 We agree that ORS 144.079 and, therefore, factor 0, do not apply. Plane v. Board of Parole, 114 Or App 60 , 834 P2d 549 (1992). Petitioner’s other arguments are without merit.

Reversed and remanded for reconsideration.

ORS 144.079(2) provides, in part:

“The method established by this section for determining, where applicable, the total term resulting from the summing of consecutive sentences shall apply only if none of the crimes involved is:

“(a) Murder, as defined in ORS 163.115 or any aggravated form thereof * ** (Emphasis supplied.)

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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