KUTSCH v. MAASS

90-C-10741; CA A73776.

837 P.2d 563 (1992)

115 Or. App. 380

David Charles KUTSCH, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided September 30, 1992.


Attorney(s) appearing for the Case

Noel Grefenson, Salem, filed the brief, for appellant.

Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Timothy A. Sylwester, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before BUTTLER, P.J., and JOSEPH, C.J., and ROSSMAN, J.


PER CURIAM.

The state concedes that the trial court erred in dismissing petitioner's petition for post-conviction relief on the ground that it was barred by ORS 138.510(2), as amended by Or.Laws 1989, ch. 1053, § 18. The convictions that petitioner challenges became final before the effective date of the 1989 amendment. The amendment does not apply to a petition challenging a conviction that became final before the effective date of the amendment. Boone...

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