Anstett v. Thompson

FILED: May 23, 2001

IN THE COURT OF APPEALS OF THE STATE OF OREGON

RODGER ROBERT ANSTETT

Appellant,

v.

S. FRANK THOMPSON,
Superintendent,
Oregon State Penitentiary,

Respondent.

97C-12303; A102496

On remand from the Oregon Supreme Court. Anstett v. Thompson, 330 Or 360, 6 P3d 1101 (2000).

Appeal from Circuit Court, Marion County.

Joseph V. Ochoa, Judge.

Submitted on remand July 13, 2000.

Steven H. Gorham for appellant.

Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and Judy C. Lucas, Assistant Attorney General, for respondent.

Before Haselton, Presiding Judge, and Edmonds and Landau, Judges.

PER CURIAM

Reversed and remanded.

PER CURIAM

Plaintiff appeals from the trial court's dismissal of his petition for a writ of habeas corpus. The crimes for which he is incarcerated took place during the time period when the administrative rule discussed in Peek v. Thompson, 160 Or App 260, 980 P2d 178, rev dismissed 329 Or 553 (1999), was in effect. We reverse and remand with instructions for the trial court to consider plaintiff's arguments in light of Peek and in light of the standard of review enunciated in Hamel v. Johnson, 173 Or App 448, ___ P3d ___ (2001).

Reversed and remanded.