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BACOTE v. JOHNSON

CC 98-06-29826M; CA A105109; SC S47861

35 P.3d 1019 (2001)

333 Or. 28

Dennis BACOTE, Petitioner on Review, v. Dan JOHNSON, Superintendent, Snake River Correctional Institution, Respondent on Review.

Supreme Court of Oregon.

Decided November 30, 2001.

Attorney(s) appearing for the Case

On review from the Court of Appeals.*

Bob Pangburn, Caldwell, Idaho, argued the cause and filed the brief for petitioner on review. With him on the brief was Rebecca Neal-Richardson, Caldwell, Idaho.

Daniel J. Casey, Assistant Attorney General, Salem, argued the cause and filed the briefs for respondent on review. With him on the briefs were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, LEESON, RIGGS, and BALMER, Justices.

LEESON, J.

In this post-conviction proceeding, petitioner alleged that he had received inadequate assistance of counsel at trial and that his sentences were illegal. The circuit court denied relief and assessed costs against petitioner in the amount of $975. The Court of Appeals affirmed. Bacote v. Johnson, 169 Or.App. 44, 46, 7 P.3d 729 (2000). That court declined to address petitioner...

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