Cannon v. Gladden

On Petition for Rehearing

LATOURETTE, J.

The Attorney General has petitioned for a rehearing and clarification of a portion of onr opinion which reads as follows:

“* * * snch court to allow petitioner * .* * any credits for good behavior to which he may be entitled. ’ ’

ORS 421.120 provides for credit on a sentence other than life for good conduct while a prisoner is in the penitentiary, such credit to be allowed, however, only as certified to by the warden and upon his recommendation. See Fehl v. Lewis, 155 Or 499, 64 P2d 648. There is no certificate or recommendation by the warden in the…