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BELDON v. BOARD OF PAROLE

CA A43272.

743 P.2d 776 (1987)

87 Or.App. 641

Kenneth Marvin BELDON, Petitioner, v. BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided October 7, 1987.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

David L. Kramer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

PER CURIAM.

This is a direct appeal under ORS 144.335 from a final order of the Board of Parole relating to the setting of petitioner's parole date. We find no error. We write for the limited purpose of addressing petitioner's contention that all five board members should have considered his case when, in fact, "only two board members of the board sat." ORS 144.035(2) specifically authorizes the procedure here. Although a board rule provides that some types of cases...

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