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ZSARKO v. ANGELOZZI

A159271.

385 P.3d 1239 (2016)

281 Or.App. 506

James Nathaniel Dustin ZSARKO, Petitioner-Appellant, v. Rick ANGELOZZI, Superintendent, Columbia River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

October 12, 2016.

Attorney(s) appearing for the Case

Jed Peterson and O'Connor Weber LLP filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Patrick M. Ebbett, Assistant Attorney General, filed the brief for respondent.

Before Egan, Presiding Judge, and Lagesen, Judge, and Edmonds, Senior Judge.

LAGESEN, J.

Defendant, the Superintendent of the Columbia River Correctional Institution, moved to dismiss petitioner's petition for post-conviction relief under ORCP 21 A(9)1 on the ground that it was untimely on its face under the two-year limitations period applicable to post-conviction proceedings, ORS 138.510(3). The post-conviction court agreed, and entered a judgment of dismissal. On appeal from that judgment...

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