State v. Mains

THORNTON, S. J.

Defendant was convicted of murder after a jury trial in 1974 and sentenced to life imprisonment. His conviction was affirmed on appeal. He obtained post-conviction relief in April, 1982, because of the inadequate assistance of appellate counsel in failing to raise certain issues. The post-conviction court granted defendant a “delayed appeal” on the issues not raised on the initial appeal. See Shipman v. Gladden, 253 Or 192, 453 P2d 921 (1969). The propriety of the ordered delayed appeal is not before this court, because the state did not appeal from the post-conviction judgment.