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TURNER v. CUPP

465 P.2d 249 (1970)

Ronald David TURNER, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided February 19, 1970.

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.

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 LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

Petitioner, Turner, is presently imprisoned under a sentence imposed upon his conviction for the illegal possession of narcotics. The conviction was affirmed on appeal. State v. Turner, 249 Or. 145, 437 P.2d 118 (1968). Turner then filed a petition for postconviction relief which was dismissed for failing to state a cause of action. He now appeals the judgment of dismissal.

In his petition Turner alleges...

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