FERGUSON v. CUPP


541 P.2d 489 (1975)

Donald FERGUSON, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1975.


Attorney(s) appearing for the Case

Robert W. Donaldson, Salem, argued the cause and filed the briefs for appellant.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Rhidian M.M. Morgan, Asst. Atty. Gen., Salem.

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


LEE, Judge.

Petitioner, an inmate at the Oregon State Penitentiary, appeals from the denial of his petition for writ of habeas corpus.

On November 1, 1957 petitioner was sentenced to life imprisonment for murder. On February 22, 1974 his sentence was commuted by the Governor to 25 years.

Since the commutation, petitioner has been credited with a reduction in his 25-year sentence pursuant to ORS 421.120(1)(b)1 of one day...

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