BOWEN v. JOHNSON

(98-01-29469-M; CA A106620)

999 P.2d 1159 (2000)

166 Or. App. 89

John Robert BOWEN, Respondent, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided March 8, 2000.


Attorney(s) appearing for the Case

Jennifer S. Lloyd, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Bob Pangburn argued the cause and filed the brief for respondent.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


LANDAU, P.J.

The state appeals a judgment granting post-conviction relief based on the inadequacy of counsel at petitioner's criminal trial. The state contends that the post-conviction court granted relief based on a claim not raised in the petition. We agree and reverse.

The relevant facts are not in dispute. Petitioner was convicted of two counts of first-degree sodomy. Petitioner appealed, and the conviction was...

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