STRONG v. KEENEY

85-0040; CA A39193.

731 P.2d 1070 (1987)

83 Or.App. 500

Byron Samuel STRONG, Appellant, v. J.C. KEENEY, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided January 28, 1987.

Reconsideration Denied March 13, 1987.

Review Denied March 31, 1987.


Attorney(s) appearing for the Case

Jay R. Jackson, Salem, argued the cause and filed the brief for appellant.

David L. Kramer, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before JOSEPH, C.J., and NEWMAN and DEITS, JJ.


NEWMAN, Judge.

In this post-conviction proceeding, ORS 138.510 et seq., petitioner, an enrolled member of the Siletz Indian Tribe of the Siletz Reservation, appeals a judgment for defendant. The court granted defendant's motion for judgment on the pleadings, ORCP 21B, and dismissed the petition. We affirm.

On March 26, 1982, petitioner was convicted of Burglary I and Theft I in the Umatilla County Circuit Court. Petitioner committed the crimes on July...

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