Argued and submitted March 1, 1999. Bob Pangburn filed the brief for appellant. Susan L. Kanclier, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General. Before Landau, Presiding Judge, and Edmonds and Brewer, Judges.
Defendant is the superintendent of the correctional facility in which plaintiff is incarcerated.
The sole issue on appeal is whether defendant is barred by the doctrines of claim preclusion or issue preclusion from denying plaintiff earned time credits by operation of a prior judgment denied plaintiff's claim for post-conviction relief. In March 1991, plaintiff pled no contest to a single charge of first degree rape. That statute provides that a defendant, who has been previously convicted of an offense within the same class of crimes designated in the statute, is not eligible on a second conviction within that class of crimes for any reduction in sentence, including earned time credits under ORS 421.121. Plaintiff was convicted of first degree robbery before the effective date of ORS 137.635. First degree robbery and first degree rape are both crimes subject to ORS 137.635.