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STORMS v. CUPP

508 P.2d 450 (1973)

George Wesley STORMS, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided April 9, 1973.

Rehearing Denied May 10, 1973.

Review Denied June 26, 1973.

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.

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.

SCHWAB, Chief Judge.

Petitioner Storms is imprisoned under a sentence imposed upon his conviction for burglary not in a dwelling, former ORS 164.240. The conviction was affirmed on appeal. State v. Storms, 7 Or.App. 365, 489 P.2d 1152 (1971), Sup.Ct. review denied (1972). Storms then filed a petition for post-conviction relief which alleged that he had been denied effective assistance of counsel on appeal. From the denial of his post...

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