Kulhavy v. Taylor

Petitioner appeals from a judgment denying his petition for post-conviction relief, raising three assignments of error. In his third assignment of error, petitioner contends that the post-conviction court’s judgment did not comply with ORS 138.640(1), as construed in Datt v. Hill, 347 Or 672, 227 P3d 714 (2010). Defendant concedes that the post-conviction court’s judgment was not Datt compliant. We agree and accept defendant’s concession. Accordingly, we reverse and remand based on that deficiency in the judgment and do not address the merits of the other assignments of error.1

ORS 138.640(1)…