Erbs v. Board of Parole

Full title: BRUCE SCOTT ERBS, Petitioner, v. BOARD OF PAROLE, Respondent

Court: Oregon Court of Appeals

Date published: Sep 7, 1988

760 P.2d 902 (Or. Ct. App. 1988)

760 P.2d 902

Opinion

CA A45660 (Control), A46487 (Cases Consolidated)

Argued and submitted March 31, 1988

Dismissed as moot September 7, 1988

Judicial Review from Board of Parole.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for petitioner.

David L. Kramer, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.

PER CURIAM

Dismissed as moot.

PER CURIAM

Petitioner seeks review of final orders of the Board of Parole, dated July 22, 1987, and September 15, 1987, that recalculated his release date. We dismiss the appeal as moot.

In Erbs v. Board of Parole, 90 Or. App. 253, 257, 752 P.2d 318 (1988), we held that petitioner was entitled to unconditional release from the custody of the Department of Corrections on July 16, 1986, because his sentence was then completed. After his release, the Board no longer had authority over petitioner. Erbs v. Board of Parole, supra. Because he is no longer subject to the orders entered by the Board, the issue he raises on review is moot.

Dismissed as moot.