Losey v. Cupp

The petitioner appeals from an order of the trial court dismissing his petition for post-conviction relief. The state moves to dismiss under the provisions of *455ORS 138.660① on the ground that the appeal presents no substantial question of law.

The petition raised only one question of law which the petitioner concedes has been decided adversely to him by this court in State v. Losey, 3 Or App 612, 615, 475 P2d 430, Sup Ct review denied (1970), wherein we said, at 597:

“The last alleged error is that the trial court should have set aside the conviction on defendant’s motion because ORS 165.205…