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JONES v. BOARD OF PAROLE

A133741.

218 P.3d 904 (2009)

231 Or. App. 256

Calvin J. JONES, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided October 7, 2009.

Attorney(s) appearing for the Case

Marc D. Brown, Deputy Public Defender, argued the cause for petitioner. With him on the briefs was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jeremy Rice, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Chief Judge, and DEITS, Senior Judge.

BREWER, C.J.

Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision in which the board affirmed its earlier order denying petitioner re-release on post-prison supervision (PPS) and set a PPS release date of October 18, 2015. He asserts that the board erred in not applying an administrative rule that would require his release in 180 or fewer days. The issue presented by petitioner requires that we interpret the statutes and rules regarding...

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