Court of Appeals of Oregon, 1997

Norman v. Armenakis

Norman v. Armenakis
Court of Appeals of Oregon · Decided October 1, 1997 · Armstrong, Edmonds, Warren
150 Or. App. 363; 945 P.2d 660; 1997 Ore. App. LEXIS 1409

Norman v. Armenakis

Opinion of the Court

PER CURIAM

Petitioner appeals the dismissal of his petition for a writ of habeas corpus in which he sought release from prison on the ground that, with proper credit for time served, he was entitled to release from custody. Defendant has moved to dismiss the appeal on the ground that it is moot because petitioner has been released from custody. We deny the motion because dismissal of the appeal on mootness grounds is not the appropriate disposition in this case. Instead, we vacate the judgment and remand the case to the trial court to enter a judgment dismissing the case as moot.

Motion to dismiss appeal denied. Judgment vacated with instructions to enter judgment dismissing petition for habeas corpus as moot.

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