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CRANDALL v. HAYS

149,175, CA A32920.

698 P.2d 1048 (1985)

73 Or.App. 369

William CRANDALL, Appellant, v. Hazel G. HAYS, Chairperson, Oregon Board of Parole; and Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, Respondents.

Court of Appeals of Oregon.

Decided May 1, 1985.

Attorney(s) appearing for the Case

William Crandall, Salem, filed the brief pro se for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Solicitor General, and Scott McAlister, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Plaintiff appeals an order dismissing his petition for writ of mandamus. He alleged in his petition that he was incarcerated in the Oregon State Penitentiary under the custody of the Oregon Corrections Division. He further alleged that defendants refused to credit him for time served in custody before his delivery to Corrections Division custody as required by ORS 137.320:

"(1) When a judgment includes commitment to the legal...

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