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CLEMENT v. MILLS

CV080162; A142614.

263 P.3d 349 (2011)

245 Or. App. 308

Jeffrey S. CLEMENT, Petitioner-Appellant, v. Don MILLS, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided September 8, 2011.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for petitioner. With him on the brief was Chilton & Galli, LLC.

Kathleen Cegla , Attorney-in-Charge, Collateral Remedies, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Jerome Lidz , Solicitor General.

Before HASELTON, Presiding Judge, and BREWER, Chief Judge, and ARMSTRONG, Judge.

BREWER, C.J.

In this post-conviction relief action, petitioner challenged his convictions and sentences for kidnapping in the first degree and felon in possession of a firearm in Coos County Circuit Court Case Number 02CR-2061 (the underlying case). In a single assignment of error on appeal, petitioner asserts that the post-conviction court erred in denying his motion to enforce a settlement agreement placed on the record in open court that would have made his sentence...

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