Opinion
86C-11916; CA A45393
Argued and submitted March 16, 1988
Appeal dismissed April 13, 1988
Appeal from Circuit Court, Marion County.
Richard D. Barber, Judge.
George E. Price, argued the cause and filed the brief for appellant.
Philip Schradle, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Warden, Presiding Judge, and Van Hoomissen and Graber, Judges.
PER CURIAM
Appeal dismissed.
Petitioner appeals the dismissal of his petition for a writ of habeas corpus. At oral argument, petitioner's counsel advised us that petitioner is no longer in defendant's custody. Given that fact, any order requiring defendant to deliver petitioner to the court or release him would be futile. This appeal, therefore, must be dismissed. Rahm v. Keeney, 83 Or. App. 266, 730 P.2d 1297 (1986).
Appeal dismissed.