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FLETCHER v. CUPP

463 P.2d 365 (1969)

Lane FLETCHER, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

Decided December 24, 1969.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Robert Y. Thornton, Atty. Gen., and David H. Blunt, Asst. Atty. Gen., Salem.

FOLEY, Judge.

This is a post-conviction proceeding. On April 23, 1956, in Linn County, petitioner Lane Fletcher was convicted of grand larceny upon his plea of guilty and sentenced to one year in the Oregon State Penitentiary. On December 9, 1966, in Multnomah County, he was adjudged an habitual criminal because of three former felony convictions and sentenced to 20 years in the Oregon State Penitentiary. The judgment was based in part on the above mentioned 1956...

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