Evers v. State of Oregon

*452ROSSMAN, J.

Petitioner challenges the dismissal of his petition for post-conviction relief due to the trial court’s determination that it lacked jurisdiction to hear the case. In May, 1983, petitioner filed the petition for post-conviction relief from an April 9, 1979, conviction of driving under the influence of intoxicants (DUII). During the hearing on the matter, the trial judge spontaneously questioned whether he had authority under the post-conviction relief statutes to grant relief from a mere traffic infraction. Ultimately, he concluded that he did not and dismissed the petition.…