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TURNER v. CUPP

No. 114318; CA 17700.

619 P.2d 1357 (1980)

49 Or.App. 671

Robert Burch TURNER, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 8, 1980.

Attorney(s) appearing for the Case

Michael Curtis, Salem, argued the cause and filed the brief for appellant.

Virginia L. Linder, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.

GILLETTE, Presiding Judge.

This is a post-conviction relief proceeding in which petitioner alleged that an incorrect representation by his trial attorney concerning the effect of the Oregon State Parole Board's "matrix system" and the effect of a minimum sentence caused him to enter a guilty plea to a charge of murder. The trial court found that the petitioner had, in fact, been misled, but determined that he was not prejudiced and therefore denied post-conviction...

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