Court of Appeals of Oregon December 11, 2002, 01-01-797-M; A114686 (Baldeagle v. Lampert)

ARMSTRONG, J.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief as untimely. Petitioner contends that he constructively filed his petition within the applicable two-year statute of limitation. ORS 138.510(3)(b). We review for legal error and reverse.

The facts are undisputed. Petitioner was convicted in 1996 of two counts of sexual abuse.