- Court: Oregon Court of Appeals
- Area(s) of Law: Post-Conviction Relief
- Date Filed: 07-27-2016
- Case #: A157259
- Judge(s)/Court Below: Sercombe, P.J. for the Court; DeHoog, J.; & Edmonds, S.J.
- Full Text Opinion
Breece appealed the dismissal of his petition for post-conviction relief, arguing that the post-conviction court entered an impermissibly ambiguous judgment in violation of ORS 138.640(1). The Court of Appeals held the post-conviction court’s judgment was impermissibly ambiguous because the order was unclear whether Breece’s petition for relief was dismissed as time-barred or as meritless. The Court further held that under Delzell v. Coursey, 354 Or. 597, 318 P.3d 749 (2013), where the post-conviction court errs by entering an ambiguous judgment, vacating and remanding the decision is an appropriate remedy. Vacated and remanded.