SCHULTZ v. STATE

83-1341-C; CA A31162.

688 P.2d 438 (1984)

70 Or.App. 180

Everett D. SCHULTZ, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided October 3, 1984.


Attorney(s) appearing for the Case

Roy E. Elicker, II, Portland, submitted the brief for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, submitted the brief for respondent.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


PER CURIAM.

Reversed and remanded for further proceedings.

PER CURIAM.

Petitioner-appellant filed a petition for post-conviction relief in which he asked the circuit court to set aside his 1979 conviction for driving while under the influence of intoxicants (DUII) on constitutional grounds. Without ruling on the merits of petitioner's claim, the trial court dismissed the petition on the ground that the Post-Conviction Hearing Act, ORS 138.510 to 138...

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