Moen v. Peterson

This is a post-conviction case in which petitioner claims that he received inadequate assistance of counsel at his criminal trial. Specifically, petitioner contends that he was not informed or otherwise aware.of the possibility of a minimum sentence before he pleaded no contest and, consequently, that his conviction was void under the holding of Hartzog v. Keeney, 304 Or 57, 742 P2d 600 (1987). The state argues that application of Hartzog to petitioner would be retroactive and that, in any event, this court should modify the holding of Hartzog.

We hold: (1) The holding of Hartzog v. Keeney,…