Sullivan v. Cupp

Defendant, on December 6, 1960, was sentenced to 15 years in the penitentiary pursuant to his conviction for the crime of sodomy. On December 9, 1960, he filed notice of appeal. He elected to remain in the county jail as provided in ORS 138.135(2). Bail was set at $15,000. He failed to post bail and remained in the county jail until his conviction was affirmed by the Supreme Court on January 17,1962. On March 9, 1962, he was delivered to the Oregon State Penitentiary for execution of the judgment of December 6, 1960.

In this post-conviction proceeding he seeks an order allowing him credit on…