Citation Codes Equivalent Citations citation codes Docket Number CV 90-0836; CA A69929 Advocates Alan Gallagher, La Grande, argued the cause for appellant. On the brief were Wade P. Bettis, Jr. and Bettis Associates, P.C., La Grande. James H. Juliussen, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, Virginia L. Linder, Solicitor General, and Janet Klapstein, Assistant Attorney General, Salem. See more information ... Smart Summary Please sign up to generate summary. OPINION JOSE VELASCO De La CRUZ, Appellant, v. STATE OF OREGON, Respondent. PER CURIAM Affirmed. PER CURIAM Appellant filed a petition for post-conviction relief on August 17, 1990. The trial court's judgment of conviction had been entered on February 20, 1985. Effective August 5, 1989, a 120-day Statute of Limitations applies to petitions for post-conviction relief. ORS 138.510(2). The petition was untimely. Boone v. Wright, 110 Or. App. 281, 822 P.2d 719 (1991). The state asserts the timeliness issue for the first time on appeal. The state, as respondent, is entitled to assert that the judgment of the post-conviction court was correct for that reason. Tarwater v. Cupp, 304 Or. 639, 644 n 5, 748 P.2d 125 (1988); Moen v. Peterson, 104 Or. App. 481, 486, 802 P.2d 76 (1990), aff'd 312 Or. 503, 824 P.2d 404 (1991). Affirmed.