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PHAN v. MORROW

98C-17162; A112599.

60 P.3d 1111 (2003)

185 Or.App. 628

Qui Phu PHAN, Appellant, v. Mitch MORROW, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided January 8, 2003.

Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Kathleen Cegla, 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 LINDER and WOLLHEIM, Judges.

WOLLHEIM, J.

Petitioner appeals from a judgment dismissing his post-conviction petition with prejudice and denying post-conviction relief. The trial court dismissed the post-conviction petition with prejudice because petitioner's trial counsel had failed to timely file a trial memorandum. We reverse the judgment and remand to the trial court.

Petitioner pleaded no contest to aggravated murder in June 1998. He received a 30-year sentence with eligibility for...

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