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WILSON v. BOARD OF PAROLE

CA A63709.

812 P.2d 423 (1991)

David Richard WILSON, Petitioner, v. BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided May 22, 1991.

Attorney(s) appearing for the Case

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Sally L. Avera, Public Defender, Salem.

John Reuling, 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.

PER CURIAM.

Petitioner seeks review of a Board of Parole order setting his parole release date. He argues that the Board considered the wrong matrix range in deciding not to overrule his minimum sentence. We reverse and remand.

At petitioner's parole hearing, the Board established a matrix range of 211 to 284 months and, by a vote of 3 to 2, decided not to override a 300-month minimum sentence for petitioner's murder conviction. The state concedes that the...

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