STACEY v. STATE


569 P.2d 640 (1977)

30 Or.App. 1075

Alfred Eugene STACEY, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided September 26, 1977.


Attorney(s) appearing for the Case

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

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and JOHNSON, JJ.


SCHWAB, Chief Judge.

Petitioner appeals from an order sustaining respondent's demurrer to his petition for post-conviction relief.

In March 1976, petitioner entered a guilty plea to a misdemeanor charge of first degree criminal trespass. ORS 164.255. On May 11, 1976, the court suspended imposition of sentence and placed petitioner on probation for five years. Petitioner did not appeal. In January 1977, petitioner filed a petition for post-conviction relief...

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