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STATE v. BUCKMASTER

No. 79-220 C; CA 17199.

621 P.2d 679 (1981)

50 Or.App. 126

STATE of Oregon, Respondent, v. Marvin BUCKMASTER, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1981.

Attorney(s) appearing for the Case

Gary L. Gardner, Salem, argued the cause for appellant. On the brief was David W. Hittle, Salem.

John C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and BUTTLER, JJ.

PER CURIAM.

Despite the caption of the case designating the state as plaintiff, this is a post conviction proceedings brought by appellant. The state concedes that the court erred in ruling on the petition before the state had filed an answer and without a hearing.

Reversed and remanded for further...

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