Lambert v. Premo

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Procedure
  • Date Filed: 10-14-2015
  • Case #: A155569
  • Judge(s)/Court Below: Hadlock, J. for the Court; Armstrong; & Egan, J.
  • Full Text Opinion

The Court of Appeals will not review an unpreserved request for a delayed appeal where the petitioner, on advice of his attorney, requested relief in the form of remand for a new trial and resentencing rather than for delayed appeal.

On appeal from post-conviction court, Petitioner argued that he was entitled to a delayed appeal of his plea agreement because his attorney inadequately advised him as to his right to appeal. At post-conviction court, Petitioner unsuccessfully requested relief in the form of remand for a new trial and resentencing. The Court held that Petitioner failed to preserve entitlement to a delayed appeal because Petitioner requested relief in the form of remand for a new trial and resentencing, but did not ask for relief in the form of a delayed appeal. Preservation principles apply in the post-conviction context, and the Court found that it was unable to review this unpreserved claim. Affirmed.

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