AUSTIN v. McGEE

940302013; CA A86614.

915 P.2d 1027 (1996)

140 Or. App. 263

David B. AUSTIN, Appellant, v. Michael McGEE, Superintendent, Columbia River Correctional Institution, Respondent.

Court of Appeals of Oregon.

April 17, 1996.


Attorney(s) appearing for the Case

Garrett A. Richardson and Multnomah Defenders filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Timothy A. Sylwester, Assistant Attorney General, filed the brief for respondent.

Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.


EDMONDS, Judge.

Petitioner appeals from a judgment denying his petition for post-conviction relief. ORS 138.510 et seq. He argues that the post-conviction court erred in determining that he had received adequate assistance of counsel during the sentencing portion of the trial for his underlying convictions. We affirm.

Petitioner was convicted of rape in the first degree and rape in the third degree. ORS 163.375; ORS 163.355. The underlying facts involved...

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