CV110550; A150449.

335 P.3d 298 (2014)

265 Or. App. 300

John Steven BURCHAM, Petitioner-Respondent, v. Steven FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 4, 2014.

Attorney(s) appearing for the Case

Karla H. Ferrall , Assistant Attorney General, argued the cause for appellant. With her on the brief were Mary H. Williams , Deputy Attorney General, and Anna M. Joyce , Solicitor General.

Jesse Wm. Barton argued the cause and filed the brief for respondent.

Before ORTEGA, Presiding Judge, and DeVORE, Judge, and GARRETT, Judge.


Petitioner was convicted of several crimes arising from an incident in which he provided alcohol to a 16-year-old girl and, while she was intoxicated, sexually assaulted her. We affirmed petitioner's convictions on direct appeal. Petitioner then sought postconviction relief on the ground that his trial counsel was inadequate. The post-conviction court accepted the petition and reversed petitioner's judgment of conviction in its entirety. The state appeals...

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