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RIGGS v. STATE

No. C 80-02-30636; CA 18179.

622 P.2d 327 (1981)

50 Or.App. 109

Stephen Lloyd RIGGS, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 19, 1981.

Attorney(s) appearing for the Case

Terrance C. Hunt, Portland, argued the cause and filed the brief for appellant.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

ROBERTS, Judge.

This is an appeal from a post-conviction relief proceeding in which plaintiff alleges he was convicted of a crime for which he was not indicted. The trial court granted the state's motion for summary judgment on the ground that the court lacked jurisdiction because petitioner had failed to appeal the issue presented after his original trial. We reverse.

Plaintiff was originally charged by indictment with burglary in the first degree

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