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GREEN v. KELLY

Nos. 18CV22152; A175365.

327 Or. App. 700

VYRON GREEN, Petitioner-Appellant, v. Brandon KELLY, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

August 30, 2023.

Attorney(s) appearing for the Case

Jason E. Thompson argued the cause for appellant. Also on the brief was Thompson Law, LLC.

Susan G. Howe , Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Ortega, Presiding Judge, and Powers, Judge, and Hellman, Judge.

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

HELLMAN, J.

Reversed and remanded with instructions to allow petitioner's claims 12(8) and (10) and to return the matter to the trial court to amend the judgment by merging Counts 5 and 6, and for resentencing, otherwise affirmed.

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