Koch v. State

Petitioner appeals the post-conviction court’s denial of relief from his convictions for driving under the influence of intoxicants (DUII), ORS 813.010; criminal mischief in the second degree, ORS 164.354; and assault in the fourth degree, ORS 163.160. He argues that he was denied adequate assistance of trial counsel under Article I, section 11, of the Oregon Constitution.1 We conclude that trial counsel’s advice to petitioner was deficient, and we reverse and remand to the post-conviction court for a necessary factual determination regarding whether petitioner was prejudiced by the error.

We…