COLEY v. MORROW

98C-19454; A111460.

52 P.3d 1090 (2002)

183 Or.App. 426

Raashan F. COLEY, Respondent, v. Mitch MORROW, Superintendent, Oregon State Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided August 28, 2002.


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.

Richard L. Cowan, Salem, argued the cause for respondent. With him on the brief was O'Neill, Evans, Cowan and Habekost.

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


HASELTON, P.J.

Defendant appeals from a judgment granting petitioner post-conviction relief. Defendant argues that the post-conviction court's conclusion that petitioner was 14 years old at the time of the underlying offense, and that the criminal trial court consequently lacked jurisdiction over petitioner, was error because petitioner was, legally, 15 years old at the time of the underlying offense. Defendant also, and...

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