Quimby v. Hill

Petitioner appeals a judgment dismissing this action for post-conviction relief. He asserts that the post-conviction court erred in dismissing, for failure to allege ultimate facts sufficient to constitute a claim, several of the specifications contained in his original petition. Petitioner also asserts that the court erred in striking his amended petition in its entirety. We affirm.

In 1999, a jury found petitioner guilty of burglary in the first degree, ORS 164.225; theft in the first degree, ORS 164.055; and menacing, ORS 163.190. The trial court sentenced petitioner to 60 months in prison.…