YOUNGBLOOD v. SULLIVAN

No. 111293; CA 19512.

628 P.2d 400 (1981)

52 Or.App. 173

Ray Charles YOUNGBLOOD, Respondent, v. G.E. SULLIVAN, Superintendent, Oregon State Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided May 11, 1981.

Review Denied July 28, 1981.


Attorney(s) appearing for the Case

Brenda J. Peterson, Certified Law Student, Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., John McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

Vance M. Wolfe, Salem, argued the cause and filed the brief for respondent.

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


ROBERTS, Judge.

Defendant was convicted of rape in the first degree and sodomy in the first degree. Through inadvertence the state public defender's office, which had agreed to file a notice of appeal in defendant's case, failed to do so in a timely manner. Defendant therefore brought this post-conviction proceeding pursuant to ORS 138.510. Defendant raised the arguments he would have asserted on appeal, i.e., that the admission of "other crimes" testimony by a female...

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