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CASTELLANOS v. STATE

0100215CC; A119280.

100 P.3d 756 (2004)

196 Or. App. 1

Fernando Cervantes CASTELLANOS, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon.

Decided October 27, 2004.

Attorney(s) appearing for the Case

J.R. Perkins III argued the cause and filed the brief for appellant.

Timothy A. Sylwester, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and LEESON, Judge Pro Tempore.

LANDAU, P.J.

In this post-conviction proceeding, petitioner contends that he received constitutionally inadequate assistance of counsel because his trial counsel failed to advise him of the likelihood of being deported as a result of pleading guilty to the charge of delivery of a controlled substance. We reverse and remand.

The trial court found that petitioner signed a plea petition after it was read to him and that petitioner understood it. The plea petition...

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