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ANDREWS v. CUPP

No. 124701; CA A20323.

630 P.2d 924 (1981)

53 Or.App. 170

Leaon ANDREWS, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided July 13, 1981.

Attorney(s) appearing for the Case

Jay R. Jackson, Salem, filed the brief for appellant.

Christine L. Dickey, Asst. Atty. Gen., Salem, filed a confession of error for respondent.

Before JOSEPH, C.J., RICHARDSON, P.J., and THORNTON, J.

Submitted on Record and Appellant's Brief July 2, 1981.

PER CURIAM.

Petitioner appeals an order dismissing his petition for post-conviction relief, contending he was denied a hearing as required by ORS 138.550(3). Defendant concedes the court erred; we agree.

Reversed and remanded for further...

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