PEREIDA-ALBA v. COURSEY

CV090464; A146174.

284 P.3d 1280 (2012)

252 Or. App. 66

Felipe PEREIDA-ALBA, Petitioner-Respondent, v. Rick COURSEY, Superintendent, Eastern Oregon Correctional Institution, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 29, 2012.


Attorney(s) appearing for the Case

Ryan Kahn , Assistant Attorney General, argued the cause for appellant. With him on the briefs were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Erin K. Galli argued the cause for respondent. With her on the brief was Chilton & Galli, LLC.

Before ARMSTRONG, Presiding Judge, and HASELTON, Chief Judge, and DUNCAN, Judge.


ARMSTRONG, P.J.

Defendant appeals a judgment granting post-conviction relief to petitioner, contending that the post-conviction court erred in concluding that petitioner's trial counsel in his criminal case had provided him with constitutionally deficient legal representation by failing to request a jury instruction on a lesser-included offense. We affirm.

Petitioner was charged with first-degree robbery, ORS 164.415,1 for using...

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