995 P.2d 1158

STEVEN RAY WAGY, Petitioner on Review. v. BOARD OF PAROLE AND POST-PRISON SUPERVISION, Respondent on Review.

No. CA A90587, Consolidated with A94238, SC S44077.Oregon Supreme Court.
Filed: January 27, 2000.

On review from the Court of Appeals.[*]

[*] Judicial review from the Board of Parole and Post-Prison Supervision. 146 Or. App. 388, 934 P.2d 448 (1997).

On petition for review filed March 17, 1997.

Andy Simrin, Deputy Public Defender, Salem, filed the petition for petitioner on review. With him on the petition was Sally L. Avera, Public Defender.

No appearance contra.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, and LEESON, Justices.[**]

[**] Fadeley, J., retired January 31, 1998, and did not participate in this decision; Graber, J., resigned March 31, 1998, and did not participate in this decision; Kulongoski and Riggs, JJ., did not participate in the consideration or decision of this case.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The case is remanded to the Court of Appeals with instructions to dismiss the petition for judicial review. SeeQuintero v. Board of Parole, 329 Or. 319, 986 P.2d 575 (1999).

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