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COMMEDORE v. GLADDEN

No. 23829.

416 F.2d 20 (1969)

William COMMEDORE, Petitioner-Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals Ninth Circuit.

September 16, 1969.

Attorney(s) appearing for the Case

Peter G. Voorhies, Portland, Or., for appellant.

Robert Y. Thornton, Atty. Gen., David H. Blunt, Asst. Atty. Gen., Salem, Or., for appellee.

Before MERRILL, KOELSCH and DUNIWAY, Circuit Judges.

PER CURIAM:

Appeal from an order denying a writ of habeas corpus. Commedore is an Oregon state prisoner, serving a 19-year sentence imposed under the Oregon Habitual Criminal Act, ORS 168.085(3). He was found to have committed three prior felonies. He attacked the validity of one of these on two grounds. First, he says that because his sentence was to jail rather than to state penitentiary, his conviction was of a misdemeanor. This point has been decided against him...

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