Court of Appeals of Oregon January 27, 2016, 10C22490; A156063 (Dillard v. Premo)

ORTEGA, J.

Petitioner filed a petition for post-conviction relief. The trial court, without holding a hearing, dismissed the petition with prejudice for failure to state a claim. Petitioner appealed the trial court’s judgment, arguing that the trial court erred in (1) dismissing his petition for failure to state a claim and (2) in dismissing the petition with prejudice. See ORS 138.