Long v. Cupp

This is an appeal from a judgment denying post-conviction relief. The petitioner (whom the file indicates is now on parole) was a co-defendant with the defendant in State v. Romero, 1 Or App 217, 461 P2d 70 (1969). We there held, in a direct appeal, that the enhanced penalty was invalid because the prosecutor did not proceed in a reasonably prompt time in compliance with ORS 168.055. The facts concerning the length of sentence and the imposition of the enhanced *291penalty based on tbe conviction of previous felonies are tbe same in both cases, except that Long did not appeal as did Romero. Based…