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D'AMICO v. PETERSON

86-C-11416; CA A43338.

754 P.2d 19 (1988)

91 Or.App. 113

Glen D'AMICO, Respondent, v. R.S. PETERSON, Superintendent, Oregon Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided May 11, 1988.

Reconsideration Denied July 8, 1988.

Attorney(s) appearing for the Case

Timothy Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant. On the briefs were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen. and Jens Schmidt, Asst. Atty. Gen., Salem.

Larry J. Wright, Salem, argued the cause for respondent. With him on the brief was Hillyer, Larson & Wright, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

NEWMAN, Judge.

The superintendent appeals a judgment that granted petitioner post-conviction relief. It provides:

"Petitioner's conviction dated on or about June 6, 1985, in the Circuit Court of the State of Oregon for the County of Coos, case number 84-558, of Ex-Convict in Possession of a Firearm and Menacing be and is hereby vacated, and Petitioner is remanded to the Circuit Court of Coos County to be sentenced for the conviction of Ex-Convict in Possession...

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