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FORBUS v. BOARD OF PAROLE AND POST-PRISON

A162364.

482 P.3d 95 (2021)

309 Or. App. 296

Jimmie Arlyn FORBUS, Petitioner, v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent.

Court of Appeals of Oregon.

February 10, 2021.

Attorney(s) appearing for the Case

Shawn Wiley, Deputy Public Defender, argued the cause for petitioner. Also on the briefs was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Tookey, Presiding Judge, and Shorr, Judge, and Brewer, Senior Judge.

On judicial review of an order of the Board of Parole and Post-Prison Supervision (the board) that set his prison term for aggravated murder, petitioner makes two assignments of error. In the first, he argues that the board erred by (a) assigning his crime's severity rating based on a matrix subcategory that was not in effect when...

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