FILED: October 22, 1998

IN THE SUPREME COURT OF THE STATE OF OREGON

NOLAN BURGESS HIBBARD,

Petitioner on Review,

v.

BOARD OF PAROLE AND
POST-PRISON SUPERVISION,

Respondent on Review.

(CA A88222; SC S43831)

On petition for review from the Court of Appeals filed December 12, 1996.*

Eric M. Cumfer, 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. **

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals is vacated. The order of the Board of Parole and Post-Prison Supervision is vacated. The case is remanded to the Board of Parole and Post-Prison Supervision for further consideration in light of Noble v. Board of Parole, 327 Or 485, ____ P2d ____ (1998).

*Judicial review from Board of Parole and Post-Prison Supervision, 144 Or App 82, 925 P2d 910 (1997).

**Kulongoski, J., did not participate in the consideration or decision of this case.