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CRUZ v. CUPP

134,145; CA A32521.

716 P.2d 770 (1986)

78 Or.App. 303

Abraham CRUZ, Respondent-Cross-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant-Cross-Respondent.

Court of Appeals of Oregon.

Decided March 26, 1986.

Reconsideration Denied April 25, 1986.

Review Denied May 28, 1986.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Brenda J. Peterson, Asst. Atty. Gen., Salem, filed briefs for appellant — cross-respondent.

Abraham Cruz, Salem, filed brief pro se for respondent — cross-appellant.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state appeals the post-conviction court's vacation of petitioner's no contest plea to felony murder, and petitioner cross-appeals. Petitioner signed a no contest plea petition after being advised by trial counsel that, by entering the plea, he would waive his right to a jury trial, his right against self-incrimination and his right to confront witnesses. The court accepted the plea and entered a judgment...

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