FENNELL v. CUPP

Full title: NATHANIEL FENNELL, JR., Appellant, v. CUPP, Respondent

Court: Oregon Court of Appeals

Date published: Sep 5, 1973

509 P.2d 1212 (Or. Ct. App. 1973)

509 P.2d 1212

Opinion

No. 76816

Argued May 25, 1973.

Affirmed May 31, 1973. Petition for rehearing denied June 21, 1973. Petition for review denied September 5, 1973.

Appeal from Circuit Court, Marion County.

JENA V. SCHLEGEL, Judge.

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

William R. Canessa, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and FORT and THORNTON, Judges.

AFFIRMED.

PER CURIAM.

Defendant was convicted of arson, and on direct appeal his conviction was affirmed. State v. Fennell, 7 Or. App. 256, 489 P.2d 964 (1970), Sup Ct review denied (1971). In this post-conviction proceeding he raises the issue of incompetence of trial counsel. There is no merit to this contention. Benson v. Gladden, 242 Or. 132, 407 P.2d 634 (1965), cert denied 384 U.S. 908 (1966).

Affirmed.