Layton v. Hall

Defendant appeals from a judgment granting post-conviction relief. Defendant asserts that the trial court erred in determining that: (1) petitioner’s criminal defense counsel breached the standard of constitutionally adequate representation by failing to object that petitioner’s sentence violated OAR 213-005-0002(4); and (2) petitioner was prejudiced by that failure because OAR 213-005-0002(4) did, in fact, preclude the imposition of that sentence. We agree with the trial court’s conclusions in both respects. Thus, we affirm.

The material facts are undisputed. Petitioner was convicted,…