Jeldness v. Board of Parole

Petitioner seeks review of an order of the Board of Parole. He contends that it violates the applicable agency rules. We agree and reverse and remand.

Petitioner was convicted of burglary, kidnapping and criminal conspiracy. The trial court sentenced him to twenty years imprisonment and imposed a minimum term of ten years. See ORS 144.110(1). The Board set his initial parole release date at 120 months in accordance with the mandated minimum sentence. See ORS 144.120(1). He later asked that the Board set an earlier date. ORS 144.122. Because he was subject to a minimum sentence, the Board, in…