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GUTIERREZ v. NOOTH

11068827P, 11099043P; A151182 (Control), A151183.

364 P.3d 725 (2015)

275 Or. App. 171

Rafael Gonzalez GUTIERREZ, aka Rafael Gutierrez Gonzalez, Petitioner-Appellant, v. Mark NOOTH, Superintendent, Snake River Correctional Institution, Defendant-Respondent.

Court of Appeals of Oregon.

Decided December 9, 2015.

Attorney(s) appearing for the Case

Brian Patrick Conry, Portland, argued the cause and filed the briefs for appellant.

Paul L. Smith, Assistant Attorney General, argued the cause for respondent. On the brief were Mary H. Williams, Deputy Attorney General, Anna M. Joyce, Solicitor General, and Erin C. Lagesen, Assistant Attorney General.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

Petitioner was convicted of attempted first-degree rape, three counts of first-degree sexual abuse, and two counts of attempted aggravated murder. He subsequently sought post-conviction relief, contending that his trial counsel in the criminal case had provided him with constitutionally inadequate representation by failing to move...

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