Court of Appeals of Oregon, 1999

State ex rel. Curry v. Morrow

State ex rel. Curry v. Morrow
Court of Appeals of Oregon · Decided April 21, 1999 · Armstrong, Deits, Edmonds
160 Or. App. 84; 980 P.2d 178; 1999 Ore. App. LEXIS 610

State ex rel. Curry v. Morrow

Opinion of the Court

PER CURIAM

In this appeal from a judgment of the circuit court dismissing appellant’s petition for a writ of mandamus, appellant alleges that defendants denied appellant credit for time served in a county jail facility to which he was entitled pursuant to ORS 137.320 and ORS 137.370(2)(a). ORS 34.105 et seq. Defendants respond that there is a more recent statement of confinement from the county in the record than that relied on by them in their motion before the trial court to dismiss appellant’s petition, i.e., a statement which the trial court did not consider. Therefore, defendants request that the matter be remanded to the trial court for reconsideration. We agree to their request.

Reversed and remanded.

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