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SULLIVAN v. CUPP

462 P.2d 455 (1969)

John Leonard SULLIVAN, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 12, 1969.

Rehearing Denied January 6, 1970.

Review Denied February 17, 1970.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were David H. Blunt, Deane S. Bennett, Asst. Attys. Gen., and Lee Johnson, Atty. Gen., Salem.

Before LANGTRY, P.J., and FOLEY, FORT and BRANCHFIELD, JJ.

FORT, Judge.

Defendant, on December 6, 1960, was sentenced to 15 years in the penitentiary pursuant to his conviction for the crime of sodomy. On December 9, 1960, he filed notice of appeal. He elected to remain in the county jail as provided in ORS 138.135(2). Bail was set at $15,000. He failed to post bail and remained in the county jail until his conviction was affirmed by the Supreme Court on January 17, 1962. On March 9, 1962, he was delivered to the Oregon State...

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