Abbott v. Baldwin

The state appeals from a judgment granting petitioner’s request for post-conviction relief and vacating petitioner’s convictions for two counts of first-degree sexual abuse. It argues that the post-conviction trial court granted relief on a ground not advanced by petitioner. Alternatively, the state argues that the court’s rationale for granting relief was substantively incorrect. Petitioner “cross-appeals.” We review for errors of law, Aquino v. Baldwin, 163 Or App 452, 458-62, 991 P2d 41, modified on other grounds 169 Or App 464 (1999), and affirm on the appeal and cross-appeal.

In November…