Opinion
CA A41521; SC S33877
Argued and submitted June 3, 1987
affirmed August 4, 1987 reconsideration denied October 20, 1987
In Banc
On review from the Court of Appeals.
Judicial review from order of the Board of Parole. 84 Or. App. 563, 735 P.2d 28 (1987).
Lawrence E. Hall, Deputy Public Defender, Salem, argued the cause for petitioner on review. On the petition for review was Gary D. Babcock, Public Defender, Salem.
J. Scott McAlister, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
PER CURIAM
The decisions of the Board of Parole and the Court of Appeals are affirmed.
Petitioner was convicted for murder and was sentenced to life imprisonment with a 25-year minimum sentence.
At petitioner's prison term hearing, the Board of Parole (Board) established a history/risk score of 6, and crime category 7, bringing petitioner within a matrix range of 168 to 228 months, but continued the matter to clarify whether the 25-year minimum is subject to unanimous vote in order to override the minimum. At the time of petitioning to this court, that issue was unresolved.
Petitioner seeks review, alleging that the Board failed to satisfy the requirements of ORS 144.135. Petitioner's procedural contentions are answered in Anderson v. Board of Parole, 303 Or. 618, 740 P.2d 760 (1987).
Petitioner also complains that the Board failed to consider factors in mitigation in violation of ORS 144.780, asserting that he did not commit the crime. Denial of guilt is not a mitigating factor.
The decision of the Court of Appeals is affirmed.