HOWELL v. FRANKE

CV110819; A149346. Nos. CV110819, A149346.

308 P.3d 1078 (2013)

258 Or. App. 202

Donald L. HOWELL, aka Donald Lee Howell, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 14, 2013.


Attorney(s) appearing for the Case

James N. Varner filed the brief for appellant.

Mary H. Williams , Deputy Attorney General, Anna M. Joyce , Solicitor General, and Ryan Kahn , Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.


PER CURIAM.

Petitioner appeals a judgment dismissing his petition for post-conviction relief. The state concedes that the post-conviction court erred and that the judgment should be reversed. We agree that the post-conviction court erred and, accordingly, reverse.

Petitioner filed a petition for post-conviction relief and, on the same day, a motion to appoint counsel. The court did not rule on petitioner's motion to appoint counsel. Instead, two days after...

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