Forbus v. Board of Parole

“[S]entencing for aggravated murder is provided for solely by ORS 163.105 and is not covered under the guidelines.” State v. Davilla, 157 Or App 639, 647, 972 P2d 902 (1998), rev den, 334 Or 76 (2002).

Petitioner sought judicial review of the Board of Parole and Post-Prison Supervision’s (the board) 2015 projected parole release date hearing where the board concluded the crime severity rating of Petitioner’s offense was a category “8” based on “cruelty to victim.” Petitioner assigned error to the Board’s use of an outdated matrix subcategory and argued that matrix rules in effect at the time the offense was committed should have been used to determine his prison term. “[S]entencing for aggravated murder is provided for solely by ORS 163.105 and is not covered under the guidelines.” State v. Davilla, 157 Or App 639, 647, 972 P2d 902 (1998), rev den, 334 Or 76 (2002). The Court held that the Board did not err because the Board retained authority in Petitioner’s situation to establish the applicable sentence for aggravated murder since the Board was required to retain procedural mechanisms to establish such sentences. Vacated and remanded for consideration of Petitioner's post-incarceration evidence, which it previously rejected.