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ERBS v. BOARD OF PAROLE

CA A43745.

752 P.2d 318 (1988)

90 Or.App. 253

Bruce Scott ERBS, Petitioner, v. BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided April 6, 1988.

Attorney(s) appearing for the Case

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

Scott McAlister, 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 David L. Kramer, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Petitioner seeks review of an order revoking his parole. He contends that he had been discharged from the custody of the Department of Corrections and that he was not on parole; consequently, he could not violate conditions of a non-existent parole. He was sentenced to a term of 15 years, to begin on November 23, 1976. He refused to appear at the regularly scheduled parole release date hearings and, the record indicates, refused parole...

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