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WALLACE v. MAASS

86C-11946; CA A45821.

750 P.2d 1210 (1988)

90 Or.App. 166

Richard Earl WALLACE, Appellant, v. Manfred MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 9, 1988.

Attorney(s) appearing for the Case

George E. Price, Salem, argued the cause and filed the brief for appellant.

Clyde E. Sniffen, Jr., Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Solicitor General and Margaret E. Rabin, Asst. Atty. Gen., Salem.

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

ROSSMAN, Judge.

In this post-conviction proceeding, petitioner claims that the sentencing court violated the law in sentencing him. We affirm the post-conviction court's denial of relief.

Petitioner was convicted of third degree assault, a Class C felony. ORS 163.165. He was sentenced to five years imprisonment, the maximum term for the offense. ORS 161.605(3). The sentencing court also found that defendant had threatened the use of a firearm during the commission...

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