BROWN v. MAASS

90-C-11246; CA A71216.

840 P.2d 1393 (1992)

116 Or. App. 508

James C. BROWN, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

November 18, 1992.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, for petition.

Before RICHARDSON, P.J., and DEITS and DURHAM, JJ.


PER CURIAM.

Petitioner petitions for Supreme Court review. We treat the petition as one for reconsideration, ORAP 9.15, allow it and reverse the judgment.

Petitioner's petition for post-conviction relief was dismissed by the trial court, because it was not timely filed under ORS 138.510(2)(b). We affirmed that judgment, because the petition for post-conviction relief was filed more than 120 days after the time limit in ORS 138.510(2)(b) became effective. We...

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