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DIZICK v. BD. OF PAROLE & POST-PRISON

A147525.

317 P.3d 911 (2013)

260 Or. App. 229

Jason Ray DIZICK, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

Decided December 26, 2013.

Attorney(s) appearing for the Case

David O. Ferry , Deputy Public Defender, argued the cause for petitioner. With him on the briefs was Peter Gartlan , Chief Defender, Office of Public Defense Services.

Jeff J. Payne , Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and DUNCAN, Judge.

SCHUMAN, P. J.

Petitioner seeks review of an order of the Board of Parole and Post-Prison Supervision (board) denying his request for a parole consideration hearing. As explained below, we conclude that the board erred in determining that petitioner will not be eligible for parole consideration until 2038. We therefore reverse and remand the board's order for further proceedings.

Petitioner was convicted on two counts each of attempted aggravated murder, first...

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