Hawk v. State

Appellant was convicted of Driving Under the Influence of Intoxicants in 1978. His conviction was affirmed by this court. State v. Hawk, 38 Or App 117, 589 P2d 1136, rev den (1979), cert den (1980). He then sought post-conviction relief under the Post-Conviction Relief Act, ORS 138.530-138.680, in the Josephine County Circuit Court. That court dismissed the petition for post-conviction relief, refused to stay further execution of the sentence originally imposed on the driving under the influence charge and ordered that the petitioner pay $175 to the court as partial reimbursement of his…