State v. Macy

In this criminal case, defendant brought a delayed appeal that had been authorized by a post-conviction court.1 The Court of Appeals declined to reach the merits posed by that delayed appeal, holding instead that the post-conviction court “lacked authority to grant defendant another appeal.” State v. Macy, 111 Or App 83, 86, 824 P2d 428 (1992). Under those circumstances, the court held, it had no choice but to affirm defendant’s conviction. Ibid. The Court of Appeals erred. In 1969, this court recognized that the Post-Conviction Hearing Act, ORS 138.510 to 138.680, “authorizes granting of a…