Haney v. Schiedler

Defendant appeals from a judgment granting petitioner post-conviction relief on the ground that petitioner’s criminal sentence exceeded that authorized by law. ORS 138.530(1)(c). Defendant contends, in part, that our decision in Stroup v. Hill, 196 Or App 565, 103 P3d 1157 (2004), rev den, 338 Or 432 (2005), which issued after the trial court’s judgment, precludes the allowance of relief pursuant to ORS 138.530(1)(c) in the circumstances presented here. We agree and, consequently, reverse and remand.

The material facts are undisputed. In 2001, petitioner was charged with kidnapping in the…