FILED: February 7, 2007

IN THE COURT OF APPEALS OF THE STATE OF OREGON

JEFFREY LEROY JONES,

Petitioner-Appellant,

v.

JEAN HILL, Superintendent, Eastern Oregon Correctional Institution,

Defendant-Respondent.

F. J. Yraguen, Senior Judge.

Argued and submitted January 9, 2007.

David J. Celuch argued the cause and filed the brief for appellant.

Jennifer S. Lloyd, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before Haselton, Presiding Judge, and Armstrong and Rosenblum, Judges.

PER CURIAM

Affirmed.

PER CURIAM

Petitioner appeals from the trial court's judgment denying post-conviction relief. He assigns error to (1) the post-conviction court's rejection of his claims predicated on Crawford v. Washington, 541 US 36, 124 S Ct 1354, 158 L Ed 2d 177 (2004), and (2) the court's denial of leave to file an amended petition. Petitioner's first assignment of error is controlled by Peed v. Hill, ___ Or App ___, ___ P3d ___ (Feb 7, 2007). With respect to petitioner's second assignment of error, we determine that the trial court did not abuse its discretion in denying leave to amend.

Affirmed.