Aquino v. Baldwin

The state petitions for reconsideration of our decision in Aquino v. Baldwin, 163 Or App 452, 991 P2d 41 (1999), arguing that we made a factual error that, in turn, led us ultimately to reach an erroneous conclusion that petitioner had received inadequate assistance of trial counsel. We grant reconsideration to clarify and correct our statement of the facts but adhere to our legal conclusion that petitioner received constitutionally inadequate assistance of trial counsel.

The underlying criminal prosecution concerned the rape of two young women by four perpetrators. One of the victims…