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DANIELS v. WRIGHT

(CV 90-263; CA A65838).

816 P.2d 1191 (1991)

108 Or.App. 659

Stephen Harry DANIELS, Appellant, v. R.L. WRIGHT, Superintendent, Eastern Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Wade P. Bettis, Jr., La Grande, argued the cause, for appellant. With him on the brief, were Jonel K. Ricker and Bettis & Ricker, P.C., La Grande.

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.

BUTTLER, Presiding Judge.

On July 19, 1989, petitioner entered a plea of no contest to the charge of first degree robbery. Effective August 5, 1989, the legislature amended ORS 138.510 to provide, in part:

"(1) Except as otherwise provided in ORS 138.540, any person convicted of a crime under the laws of this state may file a petition for post-conviction relief pursuant to ORS 138.510 to 138.680. "(2) A petition pursuant to ORS 138.510 to 138.680...

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