Pereida-Alba v. Coursey

Defendant appeals a judgment granting post-conviction relief to petitioner, contending that the post-conviction court erred in concluding that petitioner’s trial counsel in his criminal case had provided him with constitutionally deficient legal representation by failing to request a jury instruction on a lesser-included offense. We affirm.

Petitioner was charged with first-degree robbery, ORS 164.415,1 for using a dangerous weapon to prevent or overcome resistance in the course of committing theft. First-degree robbery is a Measure 11 offense that is subject to a mandatory 90-month sentence.…