State v. Pettypool

STATE of Oregon, Respondent, v. Georgia PETTYPOOL, Appellant.

Court of Appeals of Oregon

Submitted on Record and Briefs January 31, 1984.

Decided February 15, 1984.

Court of Appeals of Oregon · decided 1984-02-15

Cited by 1 later decisions — most recently September 1988

1 state decisions

Applies OR 138 § 138.510

Relies on State v. Chase · State v. Pettypool · State v. Chase

Good law ✅— No negative treatment on recordhow we know

Decided 1984-02-15

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¶1Steven W. Black and Black & Elliott, Corvallis, filed brief, for appellant.

¶2Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Richard D. Wasserman, Asst. Atty. Gen., Salem, filed brief, for respondent.

¶3Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

¶4PER CURIAM.

¶5The only error assigned on appeal is that defendant was denied effective assistance of counsel. That claim requires an evidentiary hearing and, except in extraordinary cases, may not be raised on direct appeal. State v. Chase, 51 Or. App. 289, *369 624 P.2d 1100 (1981). Because this is not such a case, the issue must be resolved by habeas corpus proceedings where, as here, defendant has not been convicted of a crime, ORS 138.510(1), but has been found not guilty by reason of mental disease or defect, and the court found that defendant would have been convicted of the crime if she had been found responsible.

¶6Appeal dismissed.