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STATE ex rel ANTHONY L. CURRY, Appellant, v. Mitch MORROW, Acting Superintendent, Oregon State Penitentiary; and Larry Daniels, Records Manager, Oregon Department of Corrections, Respondents

Oregon Court of Appeals1999-04-21No. 98C-15866; CA A103574
160 Or. App. 84980 P.2d 178

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Opinion

majority opinion

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.