Breece v. Amsberry

SERCOMBE, R J.

Petitioner in this case appeals the post-conviction court’s judgment dismissing his petition seeking post-conviction relief (PCR). On appeal, petitioner raises two assignments of error. First, he asserts that the post-conviction court erred in entering an ambiguous judgment that does not comply with ORS 138.640(l).1 Second, petitioner contends that the court erred in dismissing the petition as untimely without first ruling on his motion for appointment of counsel.2 We agree with petitioner that the judgment is ambiguous and that, therefore, it is appropriate to vacate the…