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BARNES v. CUPP

No. 109611; CA 14965.

606 P.2d 664 (1980)

44 Or.App. 533

Donald Ray BARNES, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Michael E. Swaim, Salem, argued the cause and filed the brief for respondent.

Before TANZER, P.J., and THORNTON and CAMPBELL, J.

THORNTON, Judge.

The state appeals from an order granting a petition for post-conviction relief and dismissing the charges against petitioner with prejudice.

The essential facts are as follows:

Petitioner was arrested on Friday, August 5, 1977, when he attempted to cash a check he had stolen from the home of his employer. He was eventually charged with burglary in the first degree and forgery in the first degree. The post-conviction court found that...

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