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PHELPS v. STATE OF OREGON

930839CV; CA A83820.

901 P.2d 965 (1995)

136 Or. App. 363

Richard Ervin PHELPS, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided September 6, 1995.

Attorney(s) appearing for the Case

Michael E. Rose, Portland, argued the cause for appellant. With him on the brief was Multnomah Defenders, Inc.

Jonathan H. Fussner, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

De MUNIZ, Judge.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. In April 1981, petitioner was convicted of attempted delivery of a controlled substance. He served his sentence at the Washington County jail. Later, petitioner was incarcerated at the Oregon State Correctional Institution (OSCI) on an unrelated conviction. In September 1993, while at OSCI, petitioner filed a petition in the Washington County Circuit Court seeking...

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