JAMES v. CUPP

No. 128457; CA A27401.

671 P.2d 750 (1983)

65 Or.App. 377

David Ray JAMES, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 9, 1983.


Attorney(s) appearing for the Case

Jay Edwards, 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 James E. Mountain, Jr., Sol. Gen., Salem.

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


GILLETTE, Presiding Judge.

This is a post-conviction relief case in which petitioner appeals an adverse ruling by the trial court. We modify the judgment.

Petitioner raises several assignments of error, only one of which requires discussion. He was convicted on two counts of first degree sodomy, two counts of first degree rape and one count of first degree sexual abuse. The convictions all stemmed from one transaction and the crimes were all committed against...

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