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BURDGE v. PALMATEER

97C-12207; A108298

67 P.3d 397 (2003)

187 Or. App. 295

William Dean BURDGE, Appellant, v. Joan PALMATEER, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided April 17, 2003.

Attorney(s) appearing for the Case

Steven H. Gorham argued the cause and filed the brief for appellant.

Stacey RJ Guise, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and ARMSTRONG and BREWER, Judges.

BREWER, J.

Petitioner appeals from a judgment dismissing his petition for post-conviction relief. We write only to address petitioner's claim that his trial counsel was inadequate in failing to object to the imposition of sentences under ORS 137.635.1 We conclude that petitioner has established that trial counsel's performance was constitutionally inadequate and that petitioner was prejudiced by that deficiency. Accordingly, we reverse...

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