GILL v. CUPP

135,460; CA A36070.

717 P.2d 211 (1986)

78 Or.App. 505

Oliver N. GILL, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided April 9, 1986.


Attorney(s) appearing for the Case

Robert J. Jackson, Asst. Atty. Gen., Salem argued the cause for appellant. With him on brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

No appearance for respondent.

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


PER CURIAM.

This is an appeal from an order granting post-conviction relief. The post-conviction court held that the evidence presented at petitioner's trial would not support a conviction for theft in the first degree.1 We disagree.

The post-conviction court's holding was based on its finding that there was no evidence that the value of the stolen property was in excess of $200. Although that finding is correct, the court's conclusion...

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