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STATE EX REL. ENGWEILER v. COOK

(CC 01C19211; CA 117264; SC S52169).

133 P.3d 904 (2006)

340 Or. 373

State ex rel Conrad R. ENGWEILER, Petitioner on Review, v. Dave COOK, Director of the Oregon Department of Corrections; and Charles Kliewer, Administrator at the Offender Information and Sentence Computation Agency of the Oregon Department of Corrections, Respondents on Review.

Supreme Court of Oregon.

Decided April 13, 2006.

Attorney(s) appearing for the Case

Andy Simrin, Salem, argued the cause and filed the brief for petitioner on review.

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause and filed the brief for respondents on review. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, BALMER, and KISTLER, Justices.

GILLETTE, J.

This is one of two cases, both decided this date, relating to the life sentence for murder that petitioner presently is serving. The life sentence is for an aggravated murder that petitioner committed as a teenager. In this case, he seeks a writ of mandamus to compel the Department of Corrections (DOC) to permit him to earn credit under ORS 421.121 against his prison term for good prison behavior. A trial judge dismissed the writ, and the Court of Appeals...

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