Schantz v. Maass

Petitioner has petitioned for review of our decision that affirmed the trial court’s denial of relief that he requested under the Post-Conviction Hearing Act. 110 Or App 373, 822 P2d 762 (1991). ORS 138.510 - ORS 138.680. We treat the petition as one for reconsideration, ORAP 9.15(1), and allow it.

Petitioner was convicted on two counts of robbery in the first degree, ORS 164.415, in a stipulated facts trial. He was sentenced to consecutive terms on each count and was ordered to pay restitution. He did not appeal; instead, he sought post-conviction relief. In his petition, he alleges that the…