JARVIS v. STATE BD. OF PAROLE

CA A48953.

773 P.2d 3 (1989)

96 Or.App. 322

Ken James JARVIS, Petitioner, v. STATE Board of Parole, Respondent.

Court of Appeals of Oregon.

Decided May 3, 1989.

Reconsideration Denied July 7, 1989.

Review Denied August 1, 1989.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause for petitioner. On the brief was Gary D. Babcock, Public Defender, Salem.

Douglas F. Zier, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Philip Schradle, Asst. Atty. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.


GRABER, Presiding Judge.

Petitioner seeks review of an order setting his parole release date. ORS 144.335. We affirm.

Petitioner argues that the Board erred in applying risk aggravation factors B (threat or act of violence toward victims) and C (victims were particularly vulnerable). ORS 183.482(8); see OAR 255-35-035, Exhibit E. He asserts that the Board could not apply those factors, because the facts underlying them duplicated the elements of the...

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