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ASMAN v. STATE

03C-11606; A126623.

150 P.3d 1101 (2007)

210 Or. App. 369

Kevin Fredrick ASMAN, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided January 3, 2007.

Attorney(s) appearing for the Case

Andy Simrin, Salem, argued the cause and filed the briefs for appellant.

Carolyn Alexander, Assistant Attorney General, argued the cause for respondent. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and CRAMER, Judge pro tempore.

EDMONDS, P.J.

Petitioner appeals after the trial court granted defendant's motion for summary judgment in this post-conviction relief proceeding under ORS 138.510 to 138.680. On appeal, petitioner makes only one assignment of error — he contends that the post-conviction court erred when it denied his motion for summary judgment under ORCP 47. The threshold issue before us is whether petitioner's assignment of error is reviewable. We conclude that it is not...

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