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PATIN v. STATE BD. OF PAROLE

CA A51187.

780 P.2d 809 (1989)

99 Or.App. 207

Byron Stephen PATIN, Petitioner, v. STATE Board of Parole, Respondent.

Court of Appeals of Oregon.

Decided October 25, 1989.

Attorney(s) appearing for the Case

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

Douglas F. Zier, 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.

PER CURIAM.

Petitioner appeals a Board of Parole order that states, in part:

"DISCHARGE OF PAROLE PRIOR TO SENTENCE EXPIRATION DATE IS CONTINGENT UPON APPROVAL BY THE BOARD OF PAROLE, FOLLOWING A FAVORABLE RECOMMENDATION FROM THE PAROLE OFFICER AND PAYMENT IN FULL OF ANY RESTITUTION OWING."

He contends that the Board could not impose restitution, because the sentencing court only recommended that restitution in the sum of $11,459.90 be made a condition...

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