POWELL v. McGEE

0003-03064; A110225.

46 P.3d 751 (2002)

181 Or. App. 464

Susan Mae POWELL, Appellant, v. Michael McGEE, Superintendent, Columbia River Correctional Facility, Respondent.

Court of Appeals of Oregon.

Decided May 8, 2002.


Attorney(s) appearing for the Case

Eric M. Cumfer, Salem, argued the cause and filed the briefs for appellant.

Lore Bensel, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

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


PER CURIAM.

Petitioner appeals from the trial court's sua sponte dismissal of his petition for a writ of habeas corpus. ORS 34.370(2)(b)(A). We reverse and remand.

On appeal, defendant concedes that the trial court's stated ground for dismissal was erroneous. However, defendant argues that we should affirm on an alternative basis that, given the sua sponte dismissal, was never raised in the trial court.

We conclude, without further discussion...

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