FERGELIC v. CUPP

No. 118409; CA 19944.

631 P.2d 800 (1981)

53 Or.App. 190

John Joseph FERGELIC, Jr., Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided July 27, 1981.

Reconsideration Denied October 2, 1981.


Attorney(s) appearing for the Case

Robert J. Custis, Salem, argued the cause and filed the brief for appellant.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., JOSEPH, C.J., and WARREN, J.


JOSEPH, Chief Judge.

Petitioner appeals from the judgment denying his petition for post-conviction relief.

On December 19, 1978, petitioner was sentenced to serve one year in the Coos County Correctional Facility. Execution of the sentence was suspended, and he was placed on probation for a period of three years. On August 6, 1979, he was sentenced on a subsequent crime and committed to the Corrections Division for a term not to exceed five years. A week later...

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