D'Amico v. Peterson

The superintendent appeals a judgment that granted petitioner post-conviction relief. It provides:

“Petitioner’s conviction dated on or about June 6,1985, in the Circuit Court of the State of Oregon for the County of Coos, case number 84-558, of Ex-Convict in Possession of a Firearm and Menacing be and is hereby vacated, and Petitioner is remanded to the Circuit Court of Coos County to be sentenced for the conviction of Ex-Convict in Possession of a Firearm and Menacing without the ORS 161.610 gun minimum.”

The court’s order on the motion for summary judgment recites:

“The court finds there are…