George v. State Board of Parole

Court of Appeals of Oregon

George v. State Board of Parole

761 P.2d 551, 93 Or. App. 212, 1988 Ore. App. LEXIS 1876

CourtCourt of Appeals of Oregon

DecidedSeptember 28, 1988

DocketCA A46159

StatusPublished

This text of 761 P.2d 551 (George v. State Board of Parole) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

George v. State Board of Parole, 761 P.2d 551, 93 Or. App. 212, 1988 Ore. App. LEXIS 1876 (Or. Ct. App. 1988).

Pincite

Opinion

PER CURIAM

Petitioner seeks review of an order of the Board of Parole setting his parole release date. He contends that the Board’s finding of aggravation under factor L, because he consumed alcohol and then drove an automobile, is error, because both of those factors are elements of driving while under the influence of alcohol, the crime for which he is incarcerated.

After the petition for judicial review was filed, the Board withdrew its order and issued one that eliminated a finding of aggravation under factor L. Although petitioner filed an amended petition for judicial review, he advised the court that he relied on his original brief.

Because the final order before us does not find aggravation under factor L, the issue raised by petitioner is moot.

Petition for judicial review dismissed.

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PER CURIAM

Petitioner seeks review of an order of the Board of Parole setting his parole release date. He contends that the Board’s finding of aggravation under factor L, because he consumed alcohol and then drove an automobile, is error, because both of those factors are elements of driving while under the influence of alcohol, the crime for which he is incarcerated.

After the petition for judicial review was filed, the Board withdrew its order and issued one that eliminated a finding of aggravation under factor L. Although petitioner filed an amended petition for judicial review, he advised the court that he relied on his original brief.

Because the final order before us does not find aggravation under factor L, the issue raised by petitioner is moot.

Petition for judicial review dismissed.

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Bluebook (online)

761 P.2d 551, 93 Or. App. 212, 1988 Ore. App. LEXIS 1876, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-state-board-of-parole-orctapp-1988.