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CARROLL v. BOARD OF PAROLE

CA A76166.

859 P.2d 1203 (1993)

124 Or. App. 180

Omar M. CARROLL, III, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1993.

Attorney(s) appearing for the Case

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

Harrison Latto, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

LEESON, Judge.

Petitioner seeks review of a Board of Parole order that sustained his judicially imposed minimum sentence. We affirm.

Petitioner was convicted of murder in 1985. The court set his minimum sentence at 25 years. A unanimous vote of the Board is required to override a minimum sentence for murder. ORS 163.115(3)(d). At petitioner's 1992 hearing, three of the four Board members voted not to override the minimum sentence, citing the seriousness of...

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