DANIEL v. CUPP

No. 108,312; CA 19829.

636 P.2d 452 (1981)

54 Or.App. 824

Thomas Lee DANIEL, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1981.


Attorney(s) appearing for the Case

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

A. Carl Myers, Salem, argued the cause for respondent. With him on brief was Ramsay, Stein, Feibleman & Myers, Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


RICHARDSON, Presiding Judge.

The state appeals an order in a post-conviction proceeding which granted petitioner a delayed appeal of his conviction. We affirm.

The facts are not in dispute. After a jury trial, petitioner was found guilty of robbery in the first degree. He was represented by appointed counsel at trial. Following his conviction, he requested that his appointed attorney file a notice of appeal. At the sentencing hearing, defendant's counsel requested...

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