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UMTUCH v. BOARD OF PAROLE

90-C12069, 90-C-12069; CA A67210 (Control), CA A67370.

818 P.2d 1300 (1991)

109 Or.App. 481

George Michael UMTUCH, Appellant, v. BOARD OF PAROLE, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1991.

Attorney(s) appearing for the Case

Sally L. Avera, Public Defender, and Stephen J. Bedor, Deputy Public Defender, Salem, filed the brief for appellant.

Virginia L. Linder, Sol. Gen., Salem, waived appearance for respondent.

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

Submitted on Record and Appellant's Brief August 27, 1991.

PER CURIAM.

In this habeas corpus action,1 the trial court, on its own motion after the writ was issued, dismissed it before defendant had filed a return. The state has conceded by a letter waiving its appearance that that was error. Bird v. Maass, 104 Or.App. 271, 800 P.2d 792 (1990)...

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