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STATE v. McCLURE

Nos. TC 82-0019-C-2 and 82-0020-C-2, CA A25288 and A25314, SC 29620.

670 P.2d 1009 (1983)

295 Or. 732

STATE of Oregon, Respondent On Review, v. Charles Frederick McClure, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided October 18, 1983.

Attorney(s) appearing for the Case

Raymond R. Smith, Medford, argued the cause and filed the petition for review for petitioner. Gary H. Petersen, Ashland, filed the brief for petitioner.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

CAMPBELL, Justice.

The sole issue in this case is whether time spent in a county jail between a person's arrest and trial must be credited against county jail confinement time ordered as a condition of probation. We hold that our statutes do not require this.

Defendant McClure was arrested on December 25, 1981 for resisting arrest and assaulting a police officer. He was confined 49 days in the county jail before he was released on his own recognizance February...

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