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FILED: November 17, 2010

IN THE COURT OF APPEALS OF THE STATE OF OREGON

JASON REED NIEHUS,

Petitioner-Appellant,

v.

BRIAN BELLEQUE,
Superintendent,
Oregon State Penitentiary,

Defendant-Respondent.

Marion County Circuit Court
07C23994
A142493

Dennis J. Graves, Judge.

Submitted on September 20, 2010.

James N. Varner filed the brief for appellant.

John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Matthew J. Lysne, Assistant Attorney General, filed the brief for respondent.

Before Brewer, Chief Judge, and Edmonds, Senior Judge.

BREWER, C. J.

Affirmed.

BREWER, C. J.

Petitioner was convicted of first-degree kidnapping, second-degree assault, and unlawful use of a weapon--a knife--for attacking his girlfriend in their apartment.