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LIZARRAGA-REGALADO v. PREMO

A154944.

390 P.3d 1079 (2017)

284 Or. App. 176

Jose H. LIZARRAGA-REGALADO, Petitioner-Appellant, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, Defendant-Respondent.

Court of Appeals of Oregon.

March 1, 2017.

Attorney(s) appearing for the Case

Jason L. Weber argued the cause for appellant. With him on the brief was O'Connor Weber LLP. Jose H. Lizarraga-Regalado filed a supplemental brief pro se.

Jona J. Maukonen , Portland, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before Sercombe, Presiding Judge, and Tookey, Judge, and Haselton, Senior Judge.

Petitioner appeals a judgment denying post-conviction relief. He assigns error to the trial court's dismissal, by way of summary judgment, of his claim based on criminal trial counsel's failure to challenge the giving of a "natural and probable consequences" uniform jury instruction identical to that which the Oregon Supreme Court...

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