Wagy v. Board of Parole ( 2000 )

Filed: January 27, 2000

IN THE SUPREME COURT OF THE STATE OF OREGON

STEVEN RAY WAGY,

Petitioner on Review.

v.

BOARD OF PAROLE AND
POST-PRISON SUPERVISION,

Respondent on Review.

(CA A90587 (Control), A94238; (Cases Consolidated) SC S44077)

On review from the Court of Appeals.*

On petition for review filed March 17, 1997.

Andy Simrin, Deputy Public Defender, Salem, filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender.

No appearance contra.

Before Carson, Chief Justice, and Gillette, Van Hoomissen, Durham, and Leeson, Justices.**

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals with instructions to dismiss the petition for judicial review. See Quintero v. Board of Parole, 329 Or 319, 986 P2d 575 (1999).

*Judicial review from the Board of Parole and Post-Prison Supervision.

146 Or App 388, 934 P2d 448 (1997).

**Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 31, 1998, and did not participate in this decision; Kulongoski and Riggs, JJ., did not participate in the consideration or decision of this case.

---