Bumgarner v. Nooth

Petitioner in this post-conviction proceeding was convicted in 2004 of two counts of first-degree rape, ORS 163.375,1 two counts of first-degree unlawful sexual penetration, ORS 163.411,2 two counts of first-degree sexual abuse, ORS 163.427, two counts of first-degree kidnapping, ORS 163.235,3 and one count of third-degree assault, ORS 163.165. Petitioner then filed this post-conviction relief *89proceeding, asserting, among other things, that his trial counsel was constitutionally inadequate for failing to argue to the sentencing court that the two guilty verdicts each for first-degree rape,…