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SEGURA v. PALMATEER

(99C-18628; CA A108413)

15 P.3d 99 (2000)

171 Or. App. 331

Angel SEGURA, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 6, 2000.

Attorney(s) appearing for the Case

Tomina Carter, McMinnville, filed the brief for appellant.

Kelly Knivila, Salem, filed the brief for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and KISTLER, Judges.

PER CURIAM.

Petitioner appeals from the trial court's sua sponte dismissal of his petition for habeas corpus. He argues that the petition contains factual allegations that are sufficient both to bring his claim within the holding of Peek v. Thompson, 160 Or.App. 260, 980 P.2d 178, rev. dismissed 329 Or. 553, 994 P.2d 130 (1999), and to show that there is insufficient evidence...

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