FILED: August 5, 2009

IN THE COURT OF APPEALS OF THE STATE OF OREGON

BARRY DEWAYNE BREY,

Petitioner-Appellant,

v.

DON MILLS,
Superintendent,
Two Rivers Correctional Institution,

Defendant-Respondent.

Umatilla County Circuit Court
CV081751
A140858

Hugh C. Downer, Jr, Senior Judge.

Submitted on July 02, 2009.

James N. Varner filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Kathleen Cegla, Attorney-in-Charge, Collateral Remedies, filed the brief for respondent.

Before Haselton, Presiding Judge, and Armstrong, Judge, and Rosenblum, Judge.

PER CURIAM

Reversed and remanded.

PER CURIAM

Petitioner appeals a general judgment dismissing his petition for post-conviction relief with prejudice.