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JAMES v. CUPP

482 P.2d 543 (1971)

Thomas Luther JAMES, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided March 11, 1971.

Rehearing Denied April 6, 1971.

Review Denied April 27, 1971.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James L. Carney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

Petitioner sought post-conviction relief alleging his plea of guilty to illegal possession of narcotics was not voluntary because (1) he was under the influence of narcotics and needed medical attention, and (2) he expected he would be placed in the federal narcotic program. After a hearing, post-conviction relief was denied and petitioner appeals.

The petitioner pleaded guilty in Multnomah County Circuit...

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