FILED: April 21, 1999

IN THE COURT OF APPEALS OF THE STATE OF OREGON

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.

(98C-15866; CA A103574)

Appeal from Circuit Court, Marion County.

Albin W. Norblad, Judge.

Submitted on briefs and record February 19, 1999.

Anthony L. Curry, Salem, filed the briefs pro se.

John T. Bagg, Assistant Attorney General, filed the brief for respondents. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before Edmonds, Presiding Judge, and Deits, Chief Judge, and Armstrong, Judge.

PER CURIAM

Reversed and remanded.

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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