Jarvis v. State Board of Parole

Petitioner seeks review of an order setting his parole release date. ORS 144.335. We affirm.

Petitioner argues that the Board erred in applying risk aggravation factors B (threat or act of violence toward victims) and C (victims were particularly vulnerable). ORS 183.482(8); see OAR 255-35-035, Exhibit E. He asserts that the Board could not apply those factors, because the facts underlying them duplicated the elements of the crimes of which he was convicted (two counts of sodomy I and one count of sodomy II). An aggravating factor that constitutes a defining element of the crime may not also…