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STONE v. CUPP

No. 106522; CA 12431.

592 P.2d 1044 (1979)

39 Or.App. 473

Richard Morgan STONE, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

S. Randall Johnson, Certified Law Student, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

The state appeals an order granting post-conviction relief.

Petitioner was indicted for burglary, attempted murder and carrying a dangerous weapon. Plea negotiations resulted in a written agreement that the petitioner would plead no contest to attempted murder, in return for which the state would dismiss the other charges and recommend "incarceration." Defense counsel understood that the agreement...

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