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JENKINS v. BD. OF PAROLE AND POST-PRISON

A144545.

309 P.3d 1115 (2013)

258 Or. App. 430

Michael W. JENKINS, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided September 5, 2013.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Stephanie J. Hortsch , Deputy Public Defender, Office of Public Defense Services, filed the brief for petitioner.

John R. Kroger , Attorney General, Mary H. Williams , Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and NAKAMOTO, Judge.

NAKAMOTO, J.

On judicial review of a final order of the Board of Parole and Post-Prison Supervision (the board) postponing his scheduled release date from prison under ORS 144.125(3), petitioner asserts that the order is not supported by substantial evidence and reason. The board contends that the first sentence of ORS 144.335(3), added in 1999, excuses the board from a substantial-reason requirement. We conclude that the board's reading of the statute runs counter...

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