BRACKNEY v. CUPP

No. 101239; CA 10343.

584 P.2d 351 (1978)

36 Or.App. 289

Raymond Lee BRACKNEY, Appellant, v. Hoyt C. CUPP, Respondent.

Court of Appeals of Oregon.

Decided September 18, 1978.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Gregory A. Parker, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the case were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.


GILLETTE, Judge.

This is an appeal from a judgment sustaining a demurrer to a petition for post-conviction relief. Petitioner alleged that his plea of guilty was not voluntarily, willingly or knowingly made because it was induced by statements made by the district attorney and the circuit court during a plea bargaining discussion. The state's demurrer was sustained and the petition dismissed. We reverse.

Brackney alleged in his petition that he pled not guilty...

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