Tricker v. Oregon State Board of Parole

Oregon Supreme Court

Tricker v. Oregon State Board of Parole

751 P.2d 225, 305 Or. 344

CourtOregon Supreme Court

DecidedMarch 22, 1988

DocketCA A43651; SC S34746

StatusPublished

This text of 751 P.2d 225 (Tricker v. Oregon State Board of Parole) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Tricker v. Oregon State Board of Parole, 751 P.2d 225, 305 Or. 344 (Or. 1988).

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Opinion

[345]*345MEMORANDUM OPINION

The Court of Appeals in State v. Tricker, 37 Or App 525, 588 P2d 48 (1978), held that the imposition of a mandatory minimum sentence imposed on Tricker was error because the crime occurred prior to the effective date of the statute under which the sentence was imposed. The Court of Appeals remanded the case for resentencing.

The last Board Action Form in the record before us is dated May 12, 1986. It shows that Tricker’s sentence is still subject to a 10-year mandatory minimum. If Tricker has not been resentenced or if the mandatory minimum has not expired by its own terms we delete it.¹ The Board shall give Tricker a new hearing to determine his parole status, if any, without consideration of the mandatory minimum. See Wilson v. Board of Parole, 304 Or 480, 747 P2d 976 (1987).

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[345]*345MEMORANDUM OPINION

The Court of Appeals in State v. Tricker, 37 Or App 525, 588 P2d 48 (1978), held that the imposition of a mandatory minimum sentence imposed on Tricker was error because the crime occurred prior to the effective date of the statute under which the sentence was imposed. The Court of Appeals remanded the case for resentencing.

The last Board Action Form in the record before us is dated May 12, 1986. It shows that Tricker’s sentence is still subject to a 10-year mandatory minimum. If Tricker has not been resentenced or if the mandatory minimum has not expired by its own terms we delete it.¹ The Board shall give Tricker a new hearing to determine his parole status, if any, without consideration of the mandatory minimum. See Wilson v. Board of Parole, 304 Or 480, 747 P2d 976 (1987).

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751 P.2d 225, 305 Or. 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tricker-v-oregon-state-board-of-parole-or-1988.

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