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FRANKLIN v. STATE OF OREGON

A8906-03224; CA A63087.

819 P.2d 739 (1991)

109 Or.App. 274

Louis Edward FRANKLIN, Appellant, v. STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided October 23, 1991.

Reconsideration Denied January 15, 1992.

Attorney(s) appearing for the Case

Wayne Mackeson, Portland, argued the cause for appellant. With him on the brief was Des Connall, P.C., Portland.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen. and Michael C. Livingston, Asst. Atty. Gen., Salem.

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

DEITS, Judge.

Petitioner brought this action under the Post-Conviction Hearing Act, ORS 138.510 et seq, to set aside a misdemeanor conviction for driving while suspended, three felony convictions for driving while suspended and three felony convictions for driving in violation of a habitual traffic offender order. ORS 811.175; ORS 811.182; ORS 811.185. He argues that the convictions should be set aside, because one of the convictions underlying the habitual...

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