Koellermeier v. State

Appellant appeals from an order dismissing his petition for post-conviction relief for lack of jurisdiction.1 In 1978, he was convicted in municipal court of the traffic infraction of driving under the influence of intoxicants (DUII) in violation of former ORS 487.540. Post-conviction relief is available to persons convicted of a DUII traffic infraction. Evers v. State of Oregon, 69 Or App 450, 685 P2d 1024 (1984). However, the court dismissed the petition on the ground that post-conviction relief is not available to persons convicted in municipal court. That was error. Although a person…