# Keenan v. Board of Parole

> Court of Appeals of Oregon · July 22, 1992 · 114 Or. App. 414

URL: https://www.frixlaw.com/law-library/cases/6939956

## Case

- **Full name:** CHARLES MARTIN KEENAN v. BOARD OF PAROLE
- **Court:** Court of Appeals of Oregon
- **Decided:** July 22, 1992
- **Citations:** 114 Or. App. 414; 834 P.2d 546; 1992 Ore. App. LEXIS 1485
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Buttler, Muniz, Rossman
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6939956

## Opinion text

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.)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6939956. Public record. Not legal advice.
