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Asher v. State Board of Parole

Oregon Court of Appeals
May 22, 1990
786 P.2d 1323 (Or. Ct. App. 1990)

Opinion

CA A60194

Argued and submitted October 27, 1989

Affirmed February 21, 1990 Reconsideration denied March 28, 1990 Petition for review denied May 22, 1990

Judicial Review from State Board of Parole.

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

Douglas F. Zier, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Keith W. Wingfield, Assistant Attorney General, Salem.

Before Richardson, Presiding Judge, and Newman and Deits, Judges.

PER CURIAM

Affirmed.


Petitioner seeks review of a Board of Parole order that revoked his parole. He contends that, at the time of the Board's action, he was no longer on parole, because his "good time" release date had passed. However a prisoner does not accumulate good time while on parole, and the original good time release date is suspended. Ventris v. Maass, 99 Or. App. 85, 781 P.2d 1224 (1989), rev den 309 Or. 231 (1990).

Petitioner also contends that the Board improperly denied his request for appointed counsel for the revocation hearing. Petitioner never denied that he violated the conditions of parole or presented any reason justifying appointment of counsel. The Board did not err in denying his request. ORS 144.343 (3)(f).

Petitioner's remaining contention does not warrant discussion.

Affirmed.


Summaries of

Asher v. State Board of Parole

Oregon Court of Appeals
May 22, 1990
786 P.2d 1323 (Or. Ct. App. 1990)
Case details for

Asher v. State Board of Parole

Case Details

Full title:ADRON DANIEL ASHER, Petitioner, v. STATE BOARD OF PAROLE, Respondent

Court:Oregon Court of Appeals

Date published: May 22, 1990

Citations

786 P.2d 1323 (Or. Ct. App. 1990)
786 P.2d 1323