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LONG v. CUPP

487 P.2d 674 (1971)

Wendell F. LONG, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided July 29, 1971.

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 LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

This is an appeal from a judgment denying post-conviction relief. The petitioner (whom the file indicates is now on parole) was a co-defendant with the defendant in State v. Romero, 1 Or.App. 217, 461 P.2d 70 (1969). We there held, in a direct appeal, that the enhanced penalty was invalid because the prosecutor did not proceed in a reasonably prompt time in compliance with ORS 168.055. The facts concerning the...

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