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CUNNINGHAM v. CUPP

476 P.2d 824 (1970)

Charles George CUNNINGHAM, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided November 16, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

PER CURIAM.

This is an appeal from an order denying post-conviction relief. In 1968, petitioner, while represented by counsel, plead guilty to a felony charge and was given a prison sentence.

In his post-conviction hearing he testified that his attorney wrongly induced him to plead guilty. His attorney testified to the contrary. The trial court believed the attorney.

"What actually transpired is a question of fact for the trial court * * *. If the...

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