LAYTON v. HALL

00C-17140; A113150.

47 P.3d 898 (2002)

181 Or. App. 581

Caleb Rodney LAYTON, Respondent, v. Guy HALL, Superintendent, Santiam Correctional Institution, Appellant.

Court of Appeals of Oregon.

Decided May 29, 2002.


Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robert J. McCrea, Eugene, argued the cause for respondent. With him on the brief was McCrea, P.C.

Before HASELTON, Presiding Judge, and LINDER and WOLLHEIM, Judges.


HASELTON, P.J.

Defendant appeals from a judgment granting post-conviction relief. Defendant asserts that the trial court erred in determining that: (1) petitioner's criminal defense counsel breached the standard of constitutionally adequate representation by failing to object that petitioner's sentence violated OAR 213-005-0002(4); and (2) petitioner was prejudiced by that failure because OAR 213-005-0002(4) did, in fact, preclude the imposition of that sentence....

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