Opinion
No. 20588, CA 8336
Argued September 21, affirmed October 4, 1977
Appeal from Circuit Court, Deschutes County.
J. R. Campbell, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
Donald L. Paillette, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem.
Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
PER CURIAM.
Affirmed.
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 P.2d 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.