RANDOLPH v. DEPT. OF CORRECTIONS

94C11800; CA A87561.

910 P.2d 1171 (1996)

139 Or. App. 79

Eric H. RANDOLPH, Appellant, v. STATE of Oregon, By and Through the OREGON DEPARTMENT OF CORRECTIONS, Respondent.

Court of Appeals of Oregon.

Decided February 7, 1996.

Review Denied April 2, 1996.


Attorney(s) appearing for the Case

Leo M. Schuman argued the cause for appellant. On the brief were Richard S. Todd and Saxon, Marquoit, Bertoni & Todd, Portland.

Erika L. Hadlock, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Plaintiff sought a declaratory judgment granting him credit for presentence time served. ORS 137.320(3). He appeals from a judgment that denied his motion for summary judgment, granted the state's cross-motion for summary judgment and dismissed his complaint.1 We affirm.

The facts are not in dispute. On July 16, 1990, plaintiff was arrested on federal charges and placed in custody at the Washington County jail, where...

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