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WELCH v. WRIGHT

CV90-432; CA A66884.

821 P.2d 438 (1991)

110 Or.App. 136

Robert D. WELCH, Appellant, v. R.L. WRIGHT, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Kurt C. Bendixsen, Hermiston, argued the cause, for appellant. With him on the brief, was Reynolds & Bendixsen, P.C., Hermiston.

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

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM.

Petitioner pled guilty to third degree assault on June 28, 1989, and was sentenced on September 11, 1989. He filed a petition for post-conviction relief on April 24, 1990. Effective August 5, 1989, the legislature amended ORS 138.510, which had previously allowed an unlimited time to file a post-conviction petition, to provide:

"(2) A petition pursuant to ORS 138.510 to 138.680 must be filed within 120 days of the following, unless the court on...

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