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SANCHEZ v. CUPP

480 P.2d 714 (1971)

Raymond Alvarez SANCHEZ, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided February 11, 1971.

Rehearing Denied March 3, 1971.

Review Denied April 13, 1971.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James L. Carney, 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 THORNTON, JJ.

SCHWAB, Chief Judge.

This is an appeal from an order of the trial court denying the petitioner's petition for post-conviction relief. Sanchez, having been charged with assault with intent to commit first-degree murder under ORS 163.280, was found guilty upon trial by jury of "attempted second degree murder." The trial court entered judgment of guilty of "assault with intent to commit second degree murder," and sentenced petitioner to 25 years' imprisonment.

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