Erbs v. Board of Parole

Petitioner seeks review of an order revoking his parole. He contends that he had been discharged from the custody of the Department of Corrections and that he was not on parole; consequently, he could not violate conditions of a non-existent parole. He was sentenced to a term of 15 years, to begin on November 23, 1976. He refused to appear at the regularly scheduled parole release date hearings and, the record indicates, refused parole and wanted to serve out his sentence.

The term of a sentence imposed by a court may be reduced according to the formula set out in ORS 421.120 and 421.122. The…