Opinion · Court of Appeals of Oregon

State v. Henley

31 Or. App. 109

Type: Opinion
Court: Court of Appeals of Oregon
Jurisdiction: Oregon
Date: 1977-10-04
Topic: general

*[111] PER CURIAM. The thrust of defendant’s assignment of error in this case is incompetent performance by his trial counsel. As we noted in State v. Robinson, 25 Or App 675, 550 P2d 758 (1976), this issue, except in rare instances, is one which can be properly resolved only in a post-conviction proceeding in which evidence can be taken. This is not one of those instances.

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Cited by: 8 opinions

*[111] PER CURIAM.

The thrust of defendant’s assignment of error in this case is incompetent performance by his trial counsel. As we noted in State v. Robinson, 25 Or App 675, 550 P2d 758 (1976), this issue, except in rare instances, is one which can be properly resolved only in a post-conviction proceeding in which evidence can be taken. This is not one of those instances.

Affirmed.