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EBARB v. CUPP

468 P.2d 905 (1970)

Perry Donovan EBARB, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided May 7, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Sanderson, Asst. Atty. Gen., Jacob B. Tanzer, Sol. Gen., and Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

PER CURIAM.

The petitioner was originally sentenced to a life sentence under one conviction, to run concurrently with a 20-year sentence imposed under another conviction. The life sentence was vacated in postconviction proceedings and thereafter the petitioner was re-sentenced to a 15-year term under that conviction to run consecutively rather than concurrently with the 20-year sentence previously imposed under the other conviction.

The sole question presented...

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