Himebaugh v. Taylor

Petitioner appeals a judgment denying post-conviction relief. His sole assignment of error asserts that the post-conviction court failed to enter judgment in the form required by ORS 138.640(1),1 as construed in Datt v. Hill, 347 Or 672, 227 P3d 714 (2010). Defendant asserts that petitioner’s assignment of error is unpreserved because petitioner could have objected to the court’s oral ruling explaining its grounds for denying relief and, in any event, contends that the judgment complies with ORS 138.640(1) because the judgment implicitly incorporates the court’s oral ruling. Neither of…