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BALDEAGLE v. LAMPERT

01-01-797-M; A114686.

59 P.3d 545 (2002)

185 Or.App. 326

Curtis BALDEAGLE, Appellant, v. Robert O. LAMPERT, Superintendent, Snake River Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided December 11, 2002.

Attorney(s) appearing for the Case

Bob Pangburn argued the cause for appellant. With him on the brief was Rebecca Neal-Richardson.

Judy C. Lucas, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General.

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

ARMSTRONG, J.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief as untimely. Petitioner contends that he constructively filed his petition within the applicable two-year statute of limitation. ORS 138.510(3)(b). We review for legal error and reverse.

The facts are undisputed. Petitioner was convicted in 1996 of two counts of sexual abuse. We affirmed his convictions on direct appeal...

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