GABLE v. STATE

(CC 95C12041; CA A134838; SC S059686).

305 P.3d 85 (2013)

353 Or. 750

Frank Edward GABLE, Petitioner on Review, v. STATE of Oregon, Respondent on Review.

Supreme Court of Oregon.

Resubmitted January 7, 2013.

Decided June 27, 2013.


Attorney(s) appearing for the Case

Harrison Latto , Portland, and Nell Irene Brown , Pro Hac Vice, Assistant Federal Public Defender, Portland, argued the cause and filed the brief for petitioner on review.

Carolyn Alexander , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General.

Before BALMER, Chief Justice, and WALTERS, LANDAU, and BALDWIN, Justices.


LANDAU, J.

This is a post-conviction case in which petitioner contends that he received inadequate assistance of counsel at his criminal trial. Specifically, he contends that counsel did not inform him that he had the right to object, on ex post facto grounds, to the application of a new sentencing law to his case and that, as a result, his sentence is invalid. It is undisputed that counsel should have informed petitioner of his right to object to the application...

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