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MOORE v. OREGON STATE BD. OF PAROLE

CA 17461.

635 P.2d 3 (1981)

54 Or.App. 369

Donald MOORE, Petitioner, v. OREGON STATE BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided October 26, 1981.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and John Daugirda, Deputy Public Defender, Salem, filed the brief for petitioner.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, JJ.

JOSEPH, Chief Judge.

Petitioner appeals an order setting his parole release date. He contends that the Board of Parole improperly characterized certain factors as "aggravating," thereby delaying his release. We reverse and remand.

Defendant was convicted of attempted rape in the first degree and sexual abuse in the first degree. The trial court merged the convictions for the purpose of sentencing, imposed a ten year sentence on the attempt conviction and classified...

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