DOCKERY v. MAASS

87-C-10763; CA A50361.

781 P.2d 1230 (1989)

99 Or.App. 219

Michael Conrad DOCKERY, Respondent, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided November 8, 1989.

Reconsideration Denied December 8, 1989.

Review Denied December 28, 1989.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

George Edwin Price, Salem, argued the cause and filed the brief for respondent.

Before RICHARDSON, P.J., JOSEPH, C.J., and DEITS, J.


RICHARDSON, Presiding Judge.

The state appeals a judgment granting petitioner post-conviction relief. It contends that the statutory violation found by the trial court is not a basis for post-conviction relief. We agree and, therefore, reverse.

Petitioner pleaded no contest to a charge of first degree rape, ORS 163.375, and was sentenced to a 14-year term with a seven-year minimum. He filed a petition for post-conviction relief, alleging that the trial court...

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