Keenan v. Board of Parole

Court of Appeals of Oregon

Keenan v. Board of Parole

834 P.2d 546, 114 Or. App. 414, 1992 Ore. App. LEXIS 1485

Court of Appeals of Oregon·Decided July 22, 1992·No. CA A67824·Published

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.

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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.

Keenan v. Board of Parole, 834 P.2d 546, 114 Or. App. 414, 1992 Ore. App. LEXIS 1485 (Or. Ct. App. 1992).

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