ABBOTT v. BALDWIN

CV 971185; A106281

36 P.3d 516 (2001)

178 Or. App. 289

Joel Terence ABBOTT, Respondent-Cross-Appellant, v. G.H. BALDWIN, Superintendent, Eastern Oregon Correctional Institution, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided December 5, 2001.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant — cross-respondent. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Harrison Latto argued the cause for respondent — cross-appellant. On the brief were D. Olcott Thompson and Joel Terence Abbott pro se.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.


BREWER, J.

The state appeals from a judgment granting petitioner's request for post-conviction relief and vacating petitioner's convictions for two counts of first-degree sexual abuse. It argues that the post-conviction trial court granted relief on a ground not advanced by petitioner. Alternatively, the state argues that the court's rationale for granting relief was substantively incorrect. Petitioner "cross-appeals."1 We review for errors...

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