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VENTRIS v. MAASS

88-C-10881; CA A49613.

781 P.2d 1224 (1989)

Jeffrey Scott VENTRIS, Respondent, v. Manfred (Fred) MAASS and Michael Francke, Appellants.

Court of Appeals of Oregon.

Decided October 25, 1989.

Reconsideration Denied December 15, 1989.

Attorney(s) appearing for the Case

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for appellants. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Harris S. Matarazzo, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

BUTTLER, Presiding Judge.

In this habeas corpus proceeding, defendants appeal from an order discharging plaintiff from custody. We agree that the trial court erred in ordering that plaintiff be released, and we reverse.

Plaintiff was serving two concurrent five-year terms in the penitentiary for robbery in the first degree. As provided in ORS 421.120,1 a term of sentence may be reduced for "good time" served. Plaintiff's sentence...

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