Court of Appeals of Oregon, 1970

Cunningham v. Cupp

Cunningham v. Cupp
Court of Appeals of Oregon · Decided November 16, 1970 · Foley, Fort, Schwab
4 Or. App. 32; 476 P.2d 824; 1970 Ore. App. LEXIS 393

Cunningham v. Cupp

Opinion of the Court

PER CURIAM

This 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.

In 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.

“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).

Affirmed.

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