FILED: August 22, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

BENJAMIN RAY CALDWELL,

Petitioner-Appellant,

v.

JEAN HILL,
Superintendent,
Snake River Correctional Institution,

Defendant-Respondent.

Malheur County Circuit Court
05054411M; A131600

George A. Van Hoomissen, Senior Judge.

Submitted on record and briefs July 24, 2007.

Steven Griffin filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Kathleen Cegla, Attorney-In-Charge, Collateral Remedies and Capital Appeals, filed the brief for respondent.

Before Landau, Presiding Judge, and Brewer, Chief Judge, and Schuman, Judge.

PER CURIAM

Affirmed. Buffa v. Belleque, 214 Or App 39, ___ P3d ___ (2007).