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ALLEN v. MAASS

93C-10202; CA A78634.

859 P.2d 1205 (1993)

124 Or. App. 195

Edward E. ALLEN, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 20, 1993.

Attorney(s) appearing for the Case

Garrett A. Richardson, Multnomah Defenders, argued the cause and filed the brief, for appellant.

Timothy A. Sylwester, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

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

PER CURIAM.

Plaintiff appeals from a judgment sua sponte denying his petition for a writ of habeas corpus. ORS 34.370(6); ORS 34.710. His petition alleged that his confinement was illegal because he was improperly sentenced. We affirm.

Under ORS 34.370(6), a court may deny, sua sponte, a meritless petition brought under ORS 34.362. However, a petition brought under ORS 34.362 can only challenge conditions of confinement. The court improperly...

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