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FINE v. ZENON

91C-10112; CA A70371.

834 P.2d 509 (1992)

114 Or. App. 183

Daniel Lee FINE, Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided July 8, 1992.

Attorney(s) appearing for the Case

Jay Edwards, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

DE MUNIZ, Judge.

Petitioner appeals a judgment dismissing his untimely petition for post-conviction relief.1 Petitioner filed his original petition on January 25, 1991, and an amended petition on April 8, 1991. He concedes that his petition was not timely filed. Defendant concedes that the post-conviction court erred by dismissing the petition without a hearing. Although we are not bound by that...

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