LEMON v. STATE


499 P.2d 819 (1972)

Ralph H. LEMON, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon, Department 1.

Decided July 27, 1972.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John H. Clough, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.


FORT, Judge.

This is a post-conviction proceeding. The petition was filed September 20, 1971. In 1968 the defendant was convicted of the crimes of opening a parking meter with intent to steal and illegal possession of a key to a parking meter. Former ORS 164.635. He was sentenced on January 15, 1968, to a two-year term on each count to run consecutively. He appealed. No transcript of the evidence was provided on that appeal. The Supreme Court in State v. Lemon, 251...

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