Opinion
TC 86C-22355; CA A47047; SC S35807
On petition for review filed December 16, 1988,
Consideration of issue on review denied March 14, 1989
On review from the Court of Appeals.
Appeal from judgment of Marion County Circuit Court, Duane R. Ertsgaard, Judge, 94 Or. App. 123, 764 P.2d 949 (1988).
Ingrid A. MacFarlane, Salem, and Gary D. Babcock, Public Defender, Salem, for petitioner on review.
No appearance contra.
PER CURIAM
Petition for review dismissed; motion for consideration of issue on review denied.
The issue in this case is whether the trial court erred in imposing an ORS 144.110 minimum sentence on a remanded juvenile.
Because the Board of Parole overrode the minimum sentence, this case now is moot. We therefore dismiss the petition for review.
Defendant has moved for consideration of the issue posed by the petition for review even though the issue may be moot. The motion is denied.
Petition for review dismissed.