Negron v. Baldwin

This is an appeal from a judgment denying post-conviction relief. Petitioner argues that (a) either the prosecutor or petitioner’s lawyer should have arranged for the victim to take a rape test kit and (b) that the evidence was insufficient to support his convictions for first degree rape, first degree sexual abuse, and second degree kidnapping. The state has moved to dismiss the appeal pursuant to ORS 138.660:

“In reviewing the judgment of the circuit court in a [post-conviction relief proceeding], the Court of Appeals on its own motion or on motion of respondent and upon receipt of the trial…