Categories: Oregon Court of Appeals Opinions

PULFREY v. ZENON, 108 Or. App. 331 (1991)

813 P.2d 1136

MICHAEL ALLEN PULFREY, Appellant, v. Carl ZENON, Respondent.

90-C-10411; CA A66953Oregon Court of Appeals.Argued and submitted June 19, 1991
Reversed and remanded July 31, 1991

Appeal from Circuit Court, Marion County.

Duane R. Ertsgaard, Judge.

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, Joseph, Chief Judge,[*] and Deits, Judge.

PER CURIAM

Reversed and remanded.

[*] Joseph, C.J., vice Newman, J.

Page 332

PER CURIAM

Petitioner appeals an order dismissing his petition for post-conviction relief, ORS 138.510, because it was not timely filed under ORS 138.510(2). The state concedes that, even under the present version of ORS 138.510(2), which limits the time for filing, the petition was timely. We agree.

Reversed and remanded.

Page 333

jdjungle