HARTZOG v. KEENEY

151489; CA A37667.

724 P.2d 835 (1986)

81 Or. App. 38

Sammy R. HARTZOG, Respondent, v. J.C. KEENEY, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided September 3, 1986.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Eric R. Johansen, Salem, argued the cause and filed the brief for respondent.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.


WARDEN, Presiding Judge.

Defendant appeals from a post-conviction judgment setting aside petitioner's guilty plea to first degree manslaughter. The court held that petitioner's attorney had provided inadequate assistance of counsel, because he had failed to advise petitioner that he could be required to serve a minimum term of imprisonment before becoming eligible for parole. The court also held that petitioner's guilty plea was not a knowing and voluntary waiver...

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