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BENTON v. STATE BOARD OF PAROLE

CA A48226.

769 P.2d 214 (1989)

95 Or.App. 237

Robert G. BENTON, Petitioner, v. STATE BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided February 22, 1989.

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

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

RICHARDSON, Presiding Judge.

Petitioner seeks review of an order of the Board of Parole. He contends that the order was dated March 4, 1988, and that his petition for review filed with this court on April 29, 1988, is timely. We dismiss the petition, because it was not filed within the time allowed by ORS 144.335.

Petitioner was incarcerated at the Oregon State Penitentiary in 1981 on a seven-year sentence. He escaped in June, 1985, and was recaptured. On...

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