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STATE v. LISTON

CR0202348; A157693.

374 P.3d 977 (2016)

278 Or. App. 323

STATE of Oregon, Plaintiff-Respondent, v. David Scott LISTON, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 11, 2016.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Erik Blumenthal , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Paul L. Smith , Deputy Solicitor General, and Greg Rios , Assistant Attorney General, filed the brief for respondent.

Before ORTEGA, Presiding Judge, and LAGESEN, Judge, and GARRETT, Judge.

Defendant challenges the trial court's denial of his petition for appointed counsel under ORS 138.694 (2013), amended by Or. Laws 2015, ch. 564, § 3, to represent him in a post-conviction deoxyribonucleic acid (DNA) testing proceeding. ORS 138.690 (2013), amended by Or. Laws 2015, ch. 564, § 1, authorized a convicted...

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