TARWATER v. CUPP

144,280; CA A37898.

733 P.2d 912 (1987)

84 Or.App. 233

Ronald TARWATER, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 11, 1987.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, argued the cause and filed the brief for appellant.

David L. Kramer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Petitioner was convicted in a jury trial on two counts each of second degree kidnapping and first degree rape and three counts of first degree sodomy. Consecutive sentences were imposed, with a minimum sentence of 30 years under ORS 144.110. He sought post-conviction relief, ORS 138.510, on the grounds that he had had ineffective assistance of trial counsel and that the written sentencing order differed from the court's oral pronouncement...

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