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DINH v. ZENON

93C-13125; CA A87591.

923 P.2d 1287 (1996)

143 Or. App. 444

Phan Le DINH, aka Le Dinh Phan, Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided September 11, 1996.

Attorney(s) appearing for the Case

D. Olcott Thompson, Salem, argued the cause for appellant. With him on the brief was D. Olcott Thompson, P.C.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Petitioner appeals from the trial court's dismissal without prejudice of his action for post-conviction relief. The trial court dismissed the action on the ground that petitioner, who was in federal custody, was not present for trial. We reverse.

The facts are uncontroverted: In October 1993, petitioner filed a petition for post-conviction relief while he was in the custody of the Oregon Department of Corrections. The matter was originally...

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