State v. Henley

The thrust of defendant’s assignment of error in this case is incompetent performance by his trial counsel. As we noted in State v. Robinson, 25 Or App 675, 550 P2d 758 (1976), this issue, except in rare instances, is one which can be properly resolved only in a post-conviction proceeding in which evidence can be taken. This is not one of those instances.

Affirmed.