GREVER v. CUPP

No. 112,161; CA 19324.

631 P.2d 357 (1981)

53 Or.App. 183

William David GREVER, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided July 20, 1981.


Attorney(s) appearing for the Case

Jossi Davidson, Silverton, argued the cause and filed the brief for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


PER CURIAM.

In this post conviction proceeding, petitioner appeals from the trial court's order of dismissal for want of subject matter jurisdiction. Two claims were asserted in the petition: (1) paragraph IV alleged that petitioner's sentence was not in accordance with law and (2) paragraph V alleged that petitioner's sentence was "* * * void since in the course of the proceedings * * * petitioner suffered a substantial denial of his right to the assistance of counsel...

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