- Court: Oregon Court of Appeals
- Area(s) of Law: Post-Conviction Relief
- Date Filed: 10-10-2012
- Case #: A144309
- Judge(s)/Court Below: Duncan, J. for the Court; Armstrong, P.J.; and Haselton, C.J.
- Full Text Opinion
Defendant appealed the post-conviction court’s denial of relief from his convictions for DUII, Criminal Mischief, and Assault in the Fourth Degree. Defendant was denied DUII diversion based on ORS 813.215(1)(f), which provides that a person is not eligible for diversion if they have a pending charge for vehicular assault. The trial court advised that it would reconsider diversion if the assault charge was dismissed or if he was acquitted. As a result, defense counsel advised Defendant to plead not guilty and proceed with a stipulated facts trial. However, defense counsel neither objected to the facts as read by the district attorney, nor introduced facts to disprove the assault charge. The trial court found Defendant guilty on all three counts. Defendant appealed the denial of his petition for relief, and the Court reversed and remanded, holding that counsel’s advice was incorrect and failed to “adequately [assist] petitioner in making an informed choice about a stipulated facts trial.” The Court remanded the case to determine prejudice.
Reversed and remanded.