Opinion
CA A43651; SC S34746
On petition for review filed December 31, 1987
Remanded to Board of Parole for new hearing March 22, 1988
On judicial review from an order of the Board of Parole, 88 Or. App. 474, 751 P.2d 225 (1987).
In Banc
Gary D. Babcock, Public Defender, Salem, for Petitioner on Review.
Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Scott McAlister, Assistant Attorney General, Salem, contra.
MEMORANDUM OPINION
Petition for review allowed. The decision of the Court of Appeals is reversed and this case is remanded to the Board of Parole for a new hearing consistent with this opinion. MEMORANDUM OPINION
The Court of Appeals in State v. Tricker, 37 Or. App. 525, 588 P.2d 48 (1978), held that the imposition of a mandatory minimum sentence imposed on Tricker was error because the crime occurred prior to the effective date of the statute under which the sentence was imposed. The Court of Appeals remanded the case for resentencing.
The last Board Action Form in the record before us is dated May 12, 1986. It shows that Tricker's sentence is still subject to a 10-year mandatory minimum. If Tricker has not been resentenced or if the mandatory minimum has not expired by its own terms we delete it. The Board shall give Tricker a new hearing to determine his parole status, if any, without consideration of the mandatory minimum. See Wilson v. Board of Parole, 304 Or. 480, 747 P.2d 976 (1987).
The Board Action Form of May 12, 1986, states that Tricker's sentence began on April 3, 1978.