Wilson v. Armenakis, C-13225
| Court | Court of Appeals of Oregon |
| Writing for the Court | ARMSTRONG |
| Citation | 144 Or.App. 587,928 P.2d 354 |
| Docket Number | C-13225 |
| Decision Date | 20 November 1996 |
| Parties | Thomas P. WILSON, Appellant, v. Nicholas ARMENAKIS, Superintendent, Oregon State Penitentiary, Respondent. 94; CA A91088. |
Page 354
v.
Nicholas ARMENAKIS, Superintendent, Oregon State
Penitentiary, Respondent.
Decided Nov. 20, 1996.
David B. Kuhns filed the brief, for appellant.
Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and Erika L. Hadlock, Assistant Attorney General, filed the brief for respondent.
Page 355
Before WARREN, P.J., and EDMONDS and ARMSTRONG, JJ.
[144 Or.App. 589] ARMSTRONG, Judge.
Pursuant to a 1983 plea agreement, petitioner pled guilty to assault in the fourth degree. He brought this post-conviction proceeding, alleging that the trial court violated his constitutional rights to due process and equal protection by accepting his guilty plea because it was not knowingly, intelligently and voluntarily made. He also alleged that his trial counsel provided constitutionally inadequate assistance by failing to inform and advise him during his guilty plea. The post-conviction court denied relief.
On appeal, petitioner argues that the post-conviction court erred. Our review of a post-conviction proceeding is limited to errors of law and whether the facts found by the post-conviction court are supported by the record. Temple v. Zenon, 124 Or.App. 388, 393, 862 P.2d 585 (1993). The evidence at the post-conviction hearing, including the trial transcript and trial counsel's affidavit, supports the post-conviction court's findings that petitioner executed a plea petition that set out the rights that he was waiving, that trial counsel read the petition to petitioner before he entered his guilty plea 1 and that, before accepting the plea, the trial court assured itself that petitioner's plea was knowing, voluntary and intelligent. The court did not err in denying post-conviction relief.
Petitioner also assigns error to the post-conviction court's imposition of sanctions pursuant to ORCP 17. ORCP 17 was amended by the 1995 legislature with an effective date of September 9, 1995. 2 The amendments include the [144 Or.App. 590] requirement that, when a court seeks to impose sanctions on its own motion, the court must direct the party or attorney to appear before the court to show cause why the sanctions should not be imposed. ORCP 17D(2).
Defendant concedes that the post-conviction court erred in awarding sanctions by failing to follow the procedure specified in the...
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Mesta v. Franke, CV101065
...adequate appellate counsel. Our review of post-conviction proceedings is limited to review for legal error. Wilson v. Armenakis, 144 Or.App. 587, 589, 928 P.2d 354 (1996), rev. den.,324 Or. 560, 931 P.2d 99 (1997). “To prevail on a post-conviction claim of inadequate assistance of counsel u......
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Kinkel v. Lawhead, 03C21079; A137866.
...the facts as found by the trial court, that there had been a substantial denial of petitioner's rights * * *.”); Wilson v. Armenakis, 144 Or.App. 587, 589, 928 P.2d 354 (1996), rev. den., 324 Or. 560, 931 P.2d 99 (1997) (rejecting the post-conviction petitioner's claim that a plea was not k......
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Lopez v. Laney, A174827
...of pleading guilty. Therefore, the post-conviction court did not err in denying relief on that claim. See Wilson v. Armenakis, 144 Or.App. 587, 589, 928 P.2d 354 (1996), rev den, 324 Or. 560 (1997) (rejecting postconviction petitioner's claim that his plea was not knowing and voluntary, whe......
-
Kinkel v. Lawhead, 03C21079
...by the trial court, that there had been a substantial denial of petitioner's rights * * *."); Wilson v. Armenakis, 144 Or App 587, 589, 928 P2d 354 (1996), rev den, 324 Or 560 (1997) (rejecting the post-conviction petitioner's claim that a plea was not knowing and voluntary based on finding......
-
Mesta v. Franke, CV101065
...adequate appellate counsel. Our review of post-conviction proceedings is limited to review for legal error. Wilson v. Armenakis, 144 Or.App. 587, 589, 928 P.2d 354 (1996), rev. den.,324 Or. 560, 931 P.2d 99 (1997). “To prevail on a post-conviction claim of inadequate assistance of counsel u......
-
Kinkel v. Lawhead, 03C21079; A137866.
...the facts as found by the trial court, that there had been a substantial denial of petitioner's rights * * *.”); Wilson v. Armenakis, 144 Or.App. 587, 589, 928 P.2d 354 (1996), rev. den., 324 Or. 560, 931 P.2d 99 (1997) (rejecting the post-conviction petitioner's claim that a plea was not k......
-
Lopez v. Laney, A174827
...of pleading guilty. Therefore, the post-conviction court did not err in denying relief on that claim. See Wilson v. Armenakis, 144 Or.App. 587, 589, 928 P.2d 354 (1996), rev den, 324 Or. 560 (1997) (rejecting postconviction petitioner's claim that his plea was not knowing and voluntary, whe......
-
Kinkel v. Lawhead, 03C21079
...by the trial court, that there had been a substantial denial of petitioner's rights * * *."); Wilson v. Armenakis, 144 Or App 587, 589, 928 P2d 354 (1996), rev den, 324 Or 560 (1997) (rejecting the post-conviction petitioner's claim that a plea was not knowing and voluntary based on finding......