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CHILCOTE v. ZENON

89C-10390; CA A64787.

804 P.2d 521 (1991)

105 Or. App. 393

Ronald CHILCOTE, Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided January 23, 1991.

Attorney(s) appearing for the Case

Jay Edwards, Salem, argued the cause and filed the brief for appellant.

Yuan Xing Chen, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janet A. Klapstein, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

DE MUNIZ, Judge.

Petitioner appeals the post-conviction court's order holding that he had received adequate assistance of trial counsel. The parties do not dispute the facts. Petitioner pled guilty to felony driving while revoked, ORS 811.182, pursuant to a plea negotiation in which the state agreed not to make any sentencing recommendation. At the sentencing, a deputy district attorney recommended incarceration, apparently because no copy of the plea agreement was...

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