BATES v. CZERNIAK

01C-17475; A116288

66 P.3d 519 (2003)

187 Or. App. 8

Phillip M. BATES, Appellant, v. Stan CZERNIAK, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 20, 2003.


Attorney(s) appearing for the Case

Phillip M. Bates, pro se. Andy Simrin, Salem, filed appellant's supplemental brief.

No appearance for respondent.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.


EDMONDS, P.J.

Plaintiff appeals from a judgment dismissing his petition for a writ of habeas corpus. ORS 34.310—34.730. Because we hold that the trial court did not commit error apparent on the face of the record when it failed to, sua sponte, treat plaintiff's petition for a writ of habeas corpus as a petition for post-conviction relief, we affirm.

The relevant facts are undisputed. In September 2001, plaintiff filed a petition for a writ of...

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