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CARROLL v. CUPP

No. 114,981; CA 17914.

621 P.2d 72 (1980)

49 Or.App. 773

Frederick W. CARROLL, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided December 15, 1980.

Reconsideration Denied January 22 and 29, 1981.

Review Denied March 17, 1981.

Attorney(s) appearing for the Case

William F. Gary, Deputy Sol. Gen., Salem, argued the cause for appellant. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and Jan P. Londahl, Asst. Atty. Gen., Salem.

Michael E. Swain, Salem, argued the cause and filed the brief for respondent.

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

GILLETTE, Presiding Judge.

This is a post-conviction relief proceeding in which petitioner seeks release from incarceration or, in the alternative, withdrawal of his plea of guilty on the ground that he has been denied effective assistance of counsel. The trial court granted the petition and remanded the case to the original trial court for the purpose of allowing petitioner to either affirm or withdraw his previously entered plea of guilty. The state appeals, pursuant...

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