Ventris v. Maass

In this habeas corpus proceeding, defendants appeal from an order discharging plaintiff from custody. We agree that the trial court erred in ordering that plaintiff be released, and we reverse.

Plaintiff was serving two concurrent five-year terms in the penitentiary for robbery in the first degree. As provided in ORS 421.120, 1 a term of sentence may be reduced for “good time” served. Plaintiffs sentence was set to expire on December 24,1989, with a predetermined “good time” release date of April 25,1988. He was released on parole on February 24, 1988. On May 17, 1988, he was taken into…