FLORES-SALAZAR v. FRANKE

CV100864; A151198.

337 P.3d 141 (2014)

265 Or. App. 712

Armando FLORES-SALAZAR, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided October 1, 2014.


Attorney(s) appearing for the Case

Jason Weber argued the cause and filed the brief for appellant.

Ryan Kahn , Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

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


DEVORE, P.J.

In this post-conviction case, we are asked to decide whether petitioner's counsel was inadequate in choosing an "all or nothing" strategy in defending petitioner rather than requesting a jury instruction on a lesser-included offense. Petitioner appeals a judgment denying his petition for post-conviction relief. He argues that his attorney's failure to request a jury instruction on a lesser-included offense resulted in a conviction on a more serious offense...

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