- Court: Oregon Court of Appeals
- Area(s) of Law: Parole and Post-Prison Supervision
- Date Filed: 05-08-2024
- Case #: A177386
- Judge(s)/Court Below: Ortega, P.J. for the Court; Powers, J.; & Hellman, J.
- Full Text Opinion
Petitioner was convicted of aggravated murder and first-degree robbery. He was sentenced to life with a 30 year minimum term for aggravated murder and 72 months for robbery, to be served consecutively. Petitioner sought judicial review asserting the Board of Parole and Post-Prison Supervision (the Board) erred in refusing to “sum and/or unsum” his consecutive prison terms and revert them to concurrent terms instead. ORS 144.079 and ORS 144.783 provide that the Board can sum consecutive prison terms only if none of the crimes involved is aggravated murder. The Court found the Board lacked the authority to sum Petitioner’s sentences because one of his crimes was aggravated murder. Consequently, the Board also lacked the authority to unsum the sentences. AFFIRMED.