FILED: January 12, 2005

IN THE COURT OF APPEALS OF THE STATE OF OREGON

SHANE IAN SOPHER,

Petitioner,

v.

BOARD OF PAROLE AND POST-PRISON SUPERVISION,

Respondent.

A108517

Judicial Review from Board of Parole and Post-Prison Supervision.

Argued and submitted July 31, 2003.

Walter Ledesma, Deputy Public Defender, argued the cause for petitioner. On the briefs were David E. Groom, Acting Executive Director, Office of Public Defense Services, and Beth Corbo, Deputy Public Defender.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Haselton, Presiding Judge, and Linder and Wollheim, Judges.

PER CURIAM

Petition for judicial review dismissed.

PER CURIAM

Petitioner is in prison serving a life sentence for an aggravated murder that he committed in 1992, when he was under 17 years of age. The board held a prison term hearing and, pursuant to OAR 255-032-0005(4), established a prison term for petitioner and a review date. In particular, the board's order established a prison term of 400 months and a murder "review date" of November 27, 2025. The board's order was mailed to petitioner on November 22, 1999, and petitioner timely sought judicial review. The board moved to dismiss the petition, arguing that the challenged order is not subject to review because it was not an order "setting an initial release date," as ORS 144.335(3)(a) (1999), amended by Or Laws 2001, ch 661, § 1, requires. By order, we denied the motion to dismiss, citing our decision in Engweiler v. Board of Parole, 170 Or App 653, 13 P3d 1009 (2000).

On our own motion, we reconsider our order denying the motion to dismiss. For the reasons stated in Engweiler v. Board of Parole, ___ Or App ___, ___ P3d ___ (Jan 12, 2005), we now grant the board's motion.

Petition for judicial review dismissed.


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