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GEORGE v. STATE BOARD OF PAROLE

CA A46159.

761 P.2d 551 (1988)

93 Or.App. 212

John Clifford GEORGE, Petitioner, v. STATE BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided September 28, 1988.

Attorney(s) appearing for the Case

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

Philip Schradle, Asst. Atty. Gen., Salem, waived appearance for respondent.

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

PER CURIAM.

Petitioner seeks review of an order of the Board of Parole setting his parole release date. He contends that the Board's finding of aggravation under factor L, because he consumed alcohol and then drove an automobile, is error, because both of those factors are elements of driving while under the influence of alcohol, the crime for which he is incarcerated.

After the petition for judicial review was filed, the Board withdrew its order and issued...

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