Opinion
91C-10254, 91C-10253; CA A70647 (Control), A70659
Argued and submitted April 6, 1992
Affirmed July 8, 1992
Appeal from Circuit Court, Marion County.
Richard D. Barber, Judge.
Robert E. Thomas, III, Molalla, argued the cause and filed the brief for appellant.
Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.
PER CURIAM
Affirmed.
Petitioner was convicted in Woodburn municipal court, in 2 separate cases, of second degree trespass. He appeals the post-conviction court's dismissal of his petitions for post-conviction relief. The Post-Conviction Hearings Act does not apply to municipal court convictions. Hunter v. State of Oregon, 306 Or. 529, 761 P.2d 502 (1988). Although the trial court did not base its dismissal on that ground, it did not have subject matter jurisdiction.
Affirmed.