Cox v. Howton

DE MUNIZ, S. J.

Defendant appeals a judgment granting petitioner post-conviction relief, arguing that that the post-conviction court applied the incorrect legal standard for determining prejudice. We agree and reverse and remand to the post-conviction court for further proceedings.

Our review in post-conviction proceedings is for errors of law. Chew v. State of Oregon, 121 Or App 474, 476, 855 P2d 1120 (1993). Under that standard, we are bound by the post-conviction court’s findings of fact when the evidence in the record supports those findings. Brock v. Wright, 98 Or App 323, 326, 778 P2d 999…