GUINN v. CUPP

134,946, 121,177, 121,176; CA A34802 (Control), A36416, A36417.

733 P.2d 85 (1987)

84 Or.App. 44

Robert Larry GUINN, Appellant, v. Hoyt C. CUPP, Sup. Osp., Respondent. State of Oregon, Respondent, v. Robert Larry Guinn, Appellant.

Court of Appeals of Oregon.

February 25, 1987.


Attorney(s) appearing for the Case

Steven H. Gorham, Salem, for the motion.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, appeared contra.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Petitioner moves for reconsideration of Guinn v. Cupp, 80 Or.App. 125, 720 P.2d 1330 (1986), on the ground that we misconstrued the post-conviction court's memorandum opinion and order. We grant the motion, withdraw our former opinion and reverse.

In 1981, petitioner was convicted by a jury of assault in the first degree and assault in the second degree. He was shackled...

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