Ritcherson v. State

Petitioner appeals the dismissal of his petition for post-conviction relief. He contends that the trial court applied the wrong Statute of Limitations and, as a result, improperly denied his motion to withdraw his petition and granted the state’s motion to dismiss. We affirm.

Petitioner was convicted of public indecency, and his conviction became final March 30,1993, when his appeal was dismissed. Pro se petitioner filed a petition for post-conviction relief on August 19, 1993. The petition was untimely under ORS 138.510(2) (since amended by Or Laws 1993, ch 517, § 1), which provided 120 days…