Asman v. State

Petitioner appeals after the trial court granted defendant’s motion for summary judgment in this post-conviction relief proceeding under ORS 138.510 to 138.680. On appeal, petitioner makes only one assignment of error— he contends that the post-conviction court erred when it denied his motion for summary judgment under ORCP 47. The threshold issue before us is whether petitioner’s assignment of error is reviewable. We conclude that it is not and therefore affirm.

The following facts frame the above issue. Petitioner was convicted of harassment in the underlying case. ORS 166.065(l)(a)(A).…