Perez v. State Bd. of Parole

Decision Date14 August 1990
PartiesOsa J. PEREZ, Petitioner, v. STATE BOARD OF PAROLE, Respondent. CA A62615.
CourtOregon Court of Appeals

Sally L. Avera, Acting Public Defender, Salem, argued the cause for petitioner. With her on the brief was Gary D. Babcock, Public Defender, Salem.

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

PER CURIAM.

Petitioner seeks review of an order of the Board of Parole. By a previous order, the Board had established a parole release date for petitioner. He did not seek judicial review of that order but requested "administrative review of the decision by the Board." Its resulting order, from which he seeks judicial review, did not modify the original decision or in any way set a prison term; it only denied reconsideration. It is not a final order subject to review under ORS 144.335. We do not have jurisdiction.

Petition for judicial review dismissed.

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3 cases
  • Wilcox v. Board of Parole
    • United States
    • Oregon Court of Appeals
    • February 23, 2005
    ...argues that its March 2, 2004, order is not a "final order" within the meaning of ORS 144.335(1), as construed in Perez v. Board of Parole, 102 Or.App. 117, 792 P.2d 1246,rev. den., 310 Or. 243, 796 P.2d 360 (1990). Alternatively, relying in part on Frey v. Board of Parole, 152 Or.App. 462,......
  • Sager v. Board of Parole & Post-Prison Supervision
    • United States
    • Oregon Court of Appeals
    • September 29, 1993
    ...1987 order had passed. Because the 1991 order denying his request for a hearing does not modify the 1987 order, see Perez v. Board of Parole, 102 Or.App. 117, 792 P.2d 1246, rev. den. 310 Or. 243, 796 P.2d 360 (1990), he contends that his only avenue for relief is habeas However, the existe......
  • Perez v. Board of Parole
    • United States
    • Oregon Supreme Court
    • August 14, 1990

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