Mastne v. Schiedler

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. Petitioner asserts that his sentence as a dangerous offender is unconstitutional in light of the United States Supreme Court’s decision in Apprendi v. New Jersey, 530 US 466, 120 S Ct 2348, 147 L Ed 2d 435 (2000). The state has filed a motion for summary affirmance, arguing that petitioner’s claim is time barred under ORS 138.510(4),1 as construed in our decision in Wallis v. Baldwin, 152 Or App 295, 954 P2d 192, rev den 327 Or 174 (1998). Petitioner replies that, despite the time bar of ORS 138.510(4), he…