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SCHADE v. STATE BD. OF PAROLE

CA A45954.

765 P.2d 1255 (1988)

94 Or.App. 522

Charles SCHADE, Petitioner, v. STATE BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided December 21, 1988.

Reconsideration Denied January 27, 1989.

Attorney(s) appearing for the Case

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

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

ROSSMAN, Judge.

Petitioner was sentenced as a dangerous offender and is serving a thirty year term at the Oregon State Penitentiary for first degree rape. After an Oregon State Hospital psychiatrist determined that he no longer was a dangerous offender, the Board scheduled a parole release hearing and directed that petitioner be examined by psychologists Nance and Davis. Nance's report indicated that petitioner "must be regarded as having an extreme emotional disturbance...

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