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GUTIERREZ v. NOOTH

11068827P, 11099043P; A151182 (Control), A151183.

364 P.3d 725 (2015)

275 Or. App. 171

Rafael Gonzalez GUTIERREZ, aka Rafael Gutierrez Gonzalez, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 9, 2015.

Attorney(s) appearing for the Case

Brian Patrick Conry , Portland, argued the cause and filed the briefs for appellant.

Paul L. Smith , Assistant Attorney General, argued the cause for respondent. On the brief were Mary H. Williams , Deputy Attorney General, Anna M. Joyce , Solicitor General, and Erin C. Lagesen , Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

Petitioner was convicted of attempted first-degree rape, three counts of first-degree sexual abuse, and two counts of attempted aggravated murder. He subsequently sought post-conviction relief, contending that his trial counsel in the criminal case had provided him with constitutionally inadequate representation by failing to move...

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