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DORSEY v. CUPP

508 P.2d 445 (1973)

Thomas A. DORSEY, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided April 2, 1973.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

William R. Canessa, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

FORT, Judge.

This is an appeal from a post-conviction order denying the petitioner relief from his entry of a plea of guilty. He appeals.

The record establishes that the interrelationship of two problems underlies this appeal. One is the effect of plea bargaining leading to a guilty plea; the other, that of adequacy of counsel.

The post-conviction court made an express finding of fact:

"2. Trial counsel for petitioner advised him that if the...

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