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STATE v. MENDOZA

A154920.

386 P.3d 671 (2016)

282 Or.App. 656

STATE of Oregon, Plaintiff-Respondent, v. Louis Leonard MENDOZA, Defendant-Appellant.

Court of Appeals of Oregon.

December 7, 2016.

Attorney(s) appearing for the Case

Peter Gartlan, Chief Defender, and Lindsey Burrows, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Carolyn Alexander, Assistant Attorney General, filed the brief for respondent.

Before Sercombe, Presiding Judge, and Hadlock, Chief Judge, and Tookey, Judge.

TOOKEY, J.

Defendant appeals from a trial court order dismissing, for lack of jurisdiction, his request for DNA testing and appointment of counsel, ORS 138.690 to 138.697.1 We agree with defendant that the trial court had jurisdiction to consider his requests and, accordingly, reverse and remand.

Defendant was convicted of multiple person felonies in 1997. In 2005, defendant wrote a letter to the judge who had...

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