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SMITH v. BOARD OF PAROLE

CA A25158; SC 29740.

683 P.2d 998 (1984)

Ronald Phillip SMITH, Petitioner On Review, v. State BOARD OF PAROLE, Respondent On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted December 5, 1983.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Salem, argued the cause for petitioner on review. On the brief was Ronald Phillip Smith, petitioner in propria persona.

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

PETERSON, Chief Justice.

In 1979, the Oregon Legislature adopted an enhanced penalty statute which required an offender to serve a minimum term of imprisonment for the use or threatened use of a firearm during the commission of a felony. ORS 161.610(4) provides that work release or parole is not permitted "until the minimum term of imprisonment is served, less reductions of imprisonment for good time served * * *." (Emphasis added.) The petitioner was convicted...

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