
    Submitted on record and briefs July 24,
    affirmed August 22,
    petition for review denied December 26, 2007 (343 Or 690)
    BENJAMIN RAY CALDWELL, Petitioner-Appellant, v. Jean HILL, Superintendent, Snake River Correctional Institution, Defendant-Respondent.
    
    Malheur County Circuit Court
    05054411M; A131600
    166 P3d 580
    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
     