Moore v. Oregon State Board of Parole

Petitioner appeals an order setting his parole release date. He contends that the Board of Parole improperly characterized certain factors as "aggravating,” thereby delaying his release. We reverse and remand.

Defendant was convicted of attempted rape in the first degree and sexual abuse in the first degree. The trial court merged the convictions for the purpose of sentencing, imposed a ten year sentence on the attempt conviction and classified petitioner as a sexually dangerous offender. Given the "offense severity” of petitioner’s crime and his "history/risk assessment,” the usual range of…