Turner v. Cupp

The state petitions for review of our decision in Turner v. Cupp, 49 Or App 671, 619 P2d 1357 (1980), contending that we erred in granting defendant post-conviction relief because he was incorrectly advised by his attorney as to his parole release date. We agree.

The facts are sufficiently set out in our prior opinion. Petitioner argues (1) that defendant does not have to be correctly advised of his parole release date in order to enter a valid guilty plea, and (2) that our decision was based on an incorrect assumption that defendant will actually be ineligible for parole for 25 years.

The…