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ZIMMERMAN v. STATE

01-2252; A117732.

79 P.3d 910 (2003)

191 Or. App. 52

Rockie ZIMMERMAN, aka Rocky Zimmerman, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided November 26, 2003.

Attorney(s) appearing for the Case

John P. Salisbury, Clatskanie, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Petitioner appeals from a judgment dismissing this action for post-conviction relief on the ground that he is a fugitive from justice. Petitioner asserts that the post-conviction court lacked authority to dismiss the action based on the "fugitive dismissal rule," which, he asserts, authorizes only the dismissal of appeals. Petitioner also argues that, even if the court had such authority, it abused its discretion...

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