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EBY v. PREMO

A154846.

386 P.3d 224 (2016)

282 Or.App. 114

Delbert E. EBY, Jr., aka Dale Earl Eby, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

November 9, 2016.

Attorney(s) appearing for the Case

Jason L. Weber argued the cause for appellant. With him on the brief was O'Connor Weber LLP.

Shannon T. Reel, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Lagesen, Presiding Judge, and Garrett, Judge, and Schuman, Senior Judge.

LAGESEN, P.J.

Petitioner appeals from a judgment denying his petition for post-conviction relief. On review for legal error, accepting as true the trial court's supported factual findings, Green v. Franke, 357 Or. 301, 312, 350 P.3d 188 (2015), we affirm.

Petitioner seeks relief from his conviction for second-degree assault, ORS 163.175(1)(b).1 Petitioner...

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