MARTZ v. BOARD OF PAROLE

CA A35568; SC S32298.

723 P.2d 317 (1986)

301 Or. 400

Sammie J. MARTZ, Petitioner on Review, v. BOARD OF PAROLE, Respondent on Review.

Supreme Court of Oregon.

Decided August 5, 1986.


Attorney(s) appearing for the Case

Lawrence J. Hall, Attorney, Public Defender's office, Salem, argued the cause for petitioner on review. On the briefs was Gary D. Babcock, Public Defender.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

Arlen P. Smith, Jack Duncan, David E. Powell and Michael Lissy, Oregon State Penitentiary, Salem, filed a brief amicus curiae.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and JONES, JJ., and GILLETTE, J. Pro Tem.


LENT, Justice.

Prior report: 70 Or.App. 211, 707 P.2d 642.

Like the petitioner in Price v. Board of Parole, 301 Or. 393, 723 P.2d 314 (1986) (decided today), this petitioner argued to the Court of Appeals and to this court that the Board of Parole (Board) "abused its discretion" by not overriding the minimum sentence imposed by the trial judge, which exceeded the petitioner's guideline...

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