SANCHEZ v. SCHIEDLER

CV010206; A122161.

145 P.3d 277 (2006)

208 Or. App. 668

Gary Jesse SANCHEZ, Appellant, v. Robert SCHIEDLER, Superintendent, Two Rivers Correctional Institution, Respondent.

Court of Appeals of Oregon.

Decided October 11, 2006.


Attorney(s) appearing for the Case

Patrick M. Ebbett argued the cause for appellant. With him on the brief was Chilton, Ebbett & Rohr, LLC.

Gary Jesse Sanchez filed the supplemental brief pro se.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


PER CURIAM.

Petitioner appeals the post-conviction court's denial of his petition for post-conviction relief, arguing, in part, that he received inadequate assistance of counsel in the underlying criminal proceeding, in which he received sentences greater than that allowed by law. On appeal, the state concedes that the post-conviction court should have granted relief on that claim of inadequate assistance of counsel. The parties assert, and we agree, that the sentences...

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