HOLMES v. HALL

99C-12571; A113956

41 P.3d 1126 (2002)

180 Or. App. 203

Alan Reed HOLMES, Appellant, v. Guy HALL, Superintendent, Mill Creek Correctional Facility, Respondent.

Court of Appeals of Oregon.

Decided March 13, 2002.


Attorney(s) appearing for the Case

John E. Storkel, Storkel & Grefenson P.C., Salem, filed the brief for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Robert B. Rocklin, Assistant Attorney General, filed the brief for respondent.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


PER CURIAM.

Petitioner in this post-conviction proceeding appeals the trial court's dismissal of his petition with prejudice on the ground that petitioner named the wrong defendant and filed the petition in the wrong court. Defendant concedes that the trial court erred in both respects. We conclude that defendant's concession is well-founded. Consequently, we reverse and remand.

Petitioner's petition concerns his conviction for a misdemeanor in Clatsop County...

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