PERKINS v. KEENEY

153,255; CA A39830.

731 P.2d 1047 (1987)

83 Or.App. 318

Steven Michael PERKINS, Appellant, v. J.C. KEENEY, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided January 21, 1987.


Attorney(s) appearing for the Case

George Eder, Salem, argued the cause for appellant. With him on the brief were Swaim, Betterton and Eder, Salem.

David Kramer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia Linder, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem.

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


PER CURIAM.

Petitioner seeks review of a trial court judgment dismissing his petition for post-conviction relief. He contends that the post-conviction court erred in determining that he had not been denied ineffective assistance of counsel when his trial counsel in the underlying case failed to object to the trial court's instruction regarding lesser included offenses.

The trial court instructed the jury:

"Now if you find that the defendant is not...

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