Boxberger v. Board of Parole & Post-Prison Supervision

Petitioner was convicted of three counts of first degree sodomy, ORS 163.405,1 and sentenced to three consecutive terms of ten years imprisonment, each with a minimum term of 40 months. Petitioner seeks review of the order of the Board of Parole establishing his initial release date according to the judicially-imposed minimum sentence. We review for errors of law and substantial evidence, ORS 144.335(3), ORS 183.482(8), and affirm.

Petitioner was convicted of sodomizing his three grandchildren, who were four, two and less than one year old. The Board found, as an aggravating factor, that…