Zsarko v. Angelozzi

Under ORS 138.510(3), absent an appeal, the statute of limitations period for a petition for post-conviction relief is two years, and begins to run "upon entry of a judgment or order of conviction."

Petitioner, an inmate at a correctional facility, appealed a judgment dismissing his petition for post-conviction relief on the grounds that it was untimely in the face of the two year statute of limitations for such petitions set out under ORS 138.510(3). On appeal, Petitioner assigned error to the trial court's determination that the statute of limitations began to run on the date of his conviction. Petitioner argued that instead of the date of his conviction (when he received probation) the statute should have begun on the later date on which he was found in violation of his probation and sentenced to 62 months in prison. In looking at the language and legislative history of the statute, the Court found that ORS 138.510(3) plainly states that "absent an appeal, the limitations period begins to run upon entry of a judgment or order of conviction." Concluding that ORS 138.510(3) was not susceptible to the Petitioner's construction, the Court upheld the trial court's dismissal of the petition for being outside of the statute of limitations. Affirmed.