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BERG v. NOOTH

09077474P; A147322.

359 P.3d 279 (2015)

273 Or. App. 97

Matthew D. BERG, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided August 19, 2015.

Attorney(s) appearing for the Case

Rankin Johnson IV , Portland, argued the cause and filed the brief for appellant.

Rolf C. Moan , Senior Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna M. Joyce , Solicitor General.

Before SERCOMBE, Presiding Judge, and HADLOCK, Judge, and TOOKEY, Judge.

In this post-conviction action, petitioner sought to set aside his no-contest plea to charges of attempted murder, first-degree kidnapping, and second-degree assault. Petitioner claimed that his plea was not voluntary because the prosecutor had threatened — if petitioner did not enter a guilty or no-contest plea — to prosecute...

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