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HUGHES v. POWERS

Cr. No. 900019.

453 N.W.2d 608 (1990)

Patrick HUGHES, Petitioner, v. Thomas POWERS, Warden, North Dakota State Penitentiary, Respondent.

Supreme Court of North Dakota.

March 27, 1990.

Attorney(s) appearing for the Case

Ralph A. Vinje, Bismarck, for petitioner.

Peter H. Furuseth, Williams County State's Atty., Williston, for respondent.

LEVINE, Justice.

This is an original application1 for a writ of habeas corpus. Patrick Hughes claims that his sentence should have expired January 31, 1990, if proper credit were given for 215 days he spent in an inpatient chemical dependency treatment program. We hold that Hughes is not entitled to the credit he seeks and, therefore, we deny his application for the writ.

Hughes pleaded guilty to two counts of robbery and accomplice...

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