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4 Or. App. 32

Cunningham v. Cupp

Court of Appeals of Oregon

Decided November 16, 1970

Court of Appeals of Oregon · decided 1970-11-16

Decided 1970-11-16

PER CURIAM

¶1This is an appeal from an order denying post-conviction relief. In 1968, petitioner, while represented *33by counsel, plead guilty to a felony charge and was given a prison sentence.

¶2In his post-conviction hearing he testified that his attorney wrongly induced him to plead guilty. His attorney testified to the contrary. The trial court believed the attorney.

¶3“What actually transpired is a question of fact for the trial court . If the evidence sustains such historical factual findings they will not be disturbed by this court Ball v. Gladden, 250 Or 485, 487, 443 P2d 621 (1968).

¶4Affirmed.

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