FILED: October 22, 1998

IN THE SUPREME COURT OF THE STATE OF OREGON

STEVEN D. GARRATT,

Petitioner on Review,

v.

BOARD OF PAROLE AND
POST-PRISON SUPERVISION,

Respondent on Review.

(CA A90817; SC S43921)

On petition for review from the Court of Appeals filed January 14, 1997.*

Hari Nam S. Khalsa, 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, Kulongoski, and Leeson, Justices.

MEMORANDUM OPINION

The petition for review is allowed. The decision of the Court of Appeals 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, 145 Or App 254, 927 P2d 1121 (1996).