- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Procedure
- Date Filed: 02-04-2015
- Case #: A151196
- Judge(s)/Court Below: De Muniz, S.J. for the Court; Armstrong, P.J.; & Egan, J.
- Full Text Opinion
Defendant appealed a judgment granting petitioner post-conviction relief. Petitioner plead guilty to charges of assault, strangulation, and assaulting a police officer. She then sought post-conviction relief, claiming she was not adequately advised by her attorney as to the ramifications of pleading guilty to the charges. The post-conviction court granted relief based on the counsel’s “substantial tendency” to affect petitioner’s decision to accept the plea offers. Defendant objected, arguing that the post-conviction court applied the wrong legal standard. On appeal and in relying on precedent set by the Oregon Supreme Court, the Court held that the correct standard was a but-for inquiry. If, but for the erroneous counsel, petitioner would have accepted or rejected the plea offer, then post-conviction relief is proper. Reversed and Remanded.