Owens v. Maass

918 P.2d 808, 323 Or. 430, 1996 Ore. LEXIS 60
CourtOregon Supreme Court
DecidedJune 27, 1996
DocketCC 93C-13426; CA A85646; SC S42521
StatusPublished
Cited by66 cases

This text of 918 P.2d 808 (Owens v. Maass) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Owens v. Maass, 918 P.2d 808, 323 Or. 430, 1996 Ore. LEXIS 60 (Or. 1996).

Opinions

[432]*432CARSON, C. J.

In this action for post-conviction relief, we are asked to interpret the provisions contained in ORS 138.510(2) (1993) and Oregon Laws 1993, chapter 517, section 5, relating to time limitations upon the filing of a petition for post-conviction relief.

Petitioner was convicted of three counts of rape in the first degree and one count of burglary in the first degree on June 6,1989. His convictions were affirmed on appeal and became final on January 13, 1992. On November 24, 1993, nearly two years after his convictions became final on appeal, petitioner filed a petition for post-conviction relief. The post-conviction court determined that, because petitioner had not filed his petition within 120 days after his convictions became final on appeal, the petition was time-barred under ORS 138.510(2)(b) (1991).1 Accordingly, the post-conviction court dismissed the petition. Petitioner appealed to the Court of Appeals, which affirmed without opinion. Owens v. Maass, 135 Or App 696, 898 P2d 818 (1995). We allowed review and now affirm the decision of the Court of Appeals.

At the time that petitioner’s convictions became final on appeal, ORS 138.510 (1991) provided, in part:

“(1) Except as otherwise provided in ORS 138.540, any person convicted of a crime under the laws of this state may file a petition for post-conviction relief pursuant to ORS 138.510 to 138.680.
“(2) A petition pursuant to ORS 138.510 to 138.680 must be filed within 120 days of the following * * *:
“(a) If no appeal is taken, the date the judgment or order on the conviction was entered in the register.
“(b) If an appeal is taken, the date the appeal is final in the Oregon appellate courts.”2 (Emphasis added.)

[433]*433The 1993 legislature amended ORS 138.510(2), by deleting the words “120 days” and substituting the words “two years.” Or Laws 1993, ch 517, § 1. That amendment became effective on November 4, 1993, more than 120 days, but less than two years, after petitioner’s convictions became final.

Petitioner contends that the two-year filing period contained in ORS 138.510(2) (1993), rather than the 120-day filing period contained in ORS 138.510(2) (1991), should apply to his petition for post-conviction relief, because he did not file his petition until after the effective date of the new, two-year filing period. The state3 contends that petitioner’s right to file for post-conviction relief became time-barred on April 13, 1992, 120 days after his convictions became final and, consequently, that the new, two-year filing period cannot apply to the petition filed on November 24,1993. For the reasons that follow, we agree with the state.

The issue presented requires us to interpret ORS 138.510(2) (1993), in order to determine whether the two-year filing period applies to petitioner’s petition. When construing a statute, this court’s task is to discern the intent of the legislature. ORS 174.020; PGE v. Bureau of Labor and Industries, 317 Or 606, 610, 859 P2d 1143 (1993). In our first level of analysis, we examine the text and context of the statute at issue. Id. at 610-11.

We begin with the text of ORS 138.510(2) (1993), which provides the best evidence of the legislature’s intent. See PGE, 317 Or at 610 (stating principle). The operative text provides, in part, that a petition for post-conviction relief “must be filed within two years of * * * [either] the date the judgment or order on the conviction was entered in the register [or] * * * the date the appeal is final in the Oregon appellate courts.” That text is not helpful to our determination of the legislature’s intent when it expanded the filing period contained in ORS 138.510(2).

[434]*434When we turn to the context of ORS 138.510(2), however, we observe that the 1993 legislature did speak to which petitions are subject to the new, two-year filing period. Oregon Laws 1993, chapter 517, section 5, provides, in part:

“[T]he amendments to ORS 138.510 * * * by section! ] [4] * * * of this Act apply to all petitions for post-conviction relief filed after the effective date of this Act.”5 (Emphasis added.)

Petitioner argues that, under the plain-words of section 5 of Oregon Laws 1993, chapter 517, the two-year filing period applies to his petition, because his petition is a “petition [ ] for post-conviction relief filed after the effective date of [the] Act.” In petitioner’s view, a literal reading of ORS 138.510(2) and section 5 suggests that if, at the time a petition were filed, less than two years had elapsed from the date when the petitioner’s conviction became final, the petition would be timely.

At first glance, section 5 does appear to include a petition such as the one filed in this case, because petitioner filed his petition after November 4, 1993, the effective date of the 1993 amendments to ORS 138.510, and his appeal became final less than two years before the filing of his petition. In examining section 5, we also are mindful of the general rule that “words of common usage typically should be given their plain, natural, and ordinary meaning.” PGE, 317 Or at 611. In view of that rule, petitioner’s argument is made more plausible by the legislature’s inclusion of the word “all” [435]*435in section 5, which means, among other things, “every member or individual component.” Webster’s Third New Int’l Dictionary 54 (unabridged ed 1993).

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Bluebook (online)
918 P.2d 808, 323 Or. 430, 1996 Ore. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/owens-v-maass-or-1996.