SMART v. MAASS

94-C-12650; CA A91973.

939 P.2d 1184 (1997)

148 Or. App. 431

Kenneth Dale SMART, Appellant, v. Manfred (Fred) MAASS, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided June 11, 1997.


Attorney(s) appearing for the Case

Jay Edwards, Salem, filed the brief for appellant.

Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and David B. Thompson, Assistant Attorney General, filed the brief for respondent.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.


LEESON, Judge.

Petitioner appeals from a judgment entered after he sought post-conviction relief from his conviction and sentence for eight counts of third-degree rape. ORS 163.355. We affirm.

In January 1992, petitioner signed a confession in which he admitted that, over a two-to three-month period in 1989, he had sexual intercourse with the family babysitter, a 14-year-old girl, "at least 15 times." In March 1992, he was indicted on one count of third-degree...

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