Austin v. McGee

Petitioner appeals from a judgment denying his petition for post-conviction relief. ORS 138.510 et seq. He argues that the post-conviction court erred in determining that he had received adequate assistance of counsel during the sentencing portion of the trial for his underlying convictions. We affirm.

Petitioner was convicted of rape in the first degree and rape in the third degree. ORS 163.375; ORS 163.355. The underlying facts involved his admitted sexual intercourse with a 14-year-old girl. The sentencing court imposed a 40-month term of imprisonment for the first-degree rape conviction,…