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MORROW v. MAASS

90-C-11360; CA A68018.

820 P.2d 1374 (1991)

109 Or.App. 694

James Donald MORROW, Sr., Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 13, 1991.

Reconsideration Denied December 26, 1991.

Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

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 two counts of sodomy in the first degree, ORS 163.405, and did not appeal. He petitioned for post-conviction relief on July 12, 1990, and filed an amended petition on August 24, 1990. The post-conviction court dismissed the petition as untimely.1

Petitioner argues that he was excused from filing his petition within 120 days after his conviction was...

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