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IN RE BENNINGHOVEN

No. 54022-5.

110 Wn.2d 86 (1988)

749 P.2d 1302

In the Matter of the Personal Restraint of ROBERT JACK BENNINGHOVEN. THE STATE OF WASHINGTON, Petitioner.

The Supreme Court of Washington, En Banc.

February 18, 1988.

Attorney(s) appearing for the Case

Kenneth O. Eikenberry, Attorney General, and James B. Hansen, Assistant, for petitioner.

Barton L. Jones, for respondent.

GOODLOE, J.

The petitioner, State of Washington, seeks review of a Court of Appeals order of remand requiring the Indeterminate Sentence Review Board to give Robert Benninghoven a 13-month (395-day) credit against his 60-month discretionary minimum term. We reverse and hold that the board properly gave Benninghoven a 12-month credit in determining his discretionary minimum term. Furthermore, we remand to the board to deduct...

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