BROWN v. CUPP


572 P.2d 1065 (1977)

31 Or.App. 1237

Douglas Lee BROWN, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1977.


Attorney(s) appearing for the Case

Thomas H. Denney, Salem, argued the cause for appellant. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and J. Scott McAlister, Asst. Atty. Gen., Salem.

R. Michael Healey, Stayton, argued the cause for respondent. With him on the brief was Bell, Bell & Rounsefell, Stayton.

Before SCHWAB, C.J., and THORNTON and BUTTLER, JJ.


THORNTON, Judge.

This habeas corpus appeal involves a dispute over the interpretation of a provision of ORS 137.550(2), which states that a probation violator who has been sentenced to the penitentiary for such violation is entitled to credit on his penitentiary sentence "for all time thus served" in the county jail as a condition of his prior probation.

More particularly, the point at issue is whether petitioner is entitled to the good time and work time...

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