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Clark v. State

Court of Appeals of Oregon

December 10, 2014

MATTHEW REED CLARK, Petitioner-Appellant,
v.
STATE OF OREGON, Defendant-Respondent

Argued and Submitted November 6, 2014,

Multnomah County Circuit Court. 100709988. Cheryl A. Albrecht, Judge.

Ryan O'Connor argued the cause and filed the brief for appellant.

Michael S. Shin argued the cause for respondent. On the brief were Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Matthew J. Preusch, Assistant Attorney General.

Before Ortega, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

OPINION

Page 758

[267 Or.App. 545] GARRETT, J.

In this post-conviction case, petitioner alleges that he received ineffective and inadequate assistance of counsel when his trial attorney made a statement on the record that contradicted petitioner's own representations to the court. The post-conviction court rejected petitioner's argument and denied the petition for relief. We affirm.

Petitioner was indicted on one count of third-degree rape and three counts of third-degree sexual abuse. Petitioner and his trial counsel signed a petition providing that petitioner would plead guilty to the third-degree rape charge and receive a downward departure prison sentence of 23 months in exchange for the district attorney's recommendation that the court dismiss the other three counts. Petitioner submitted the plea petition to the trial court.

The sentencing hearing occurred on a later date. At that hearing, petitioner told the trial court that he wanted to withdraw his plea. This appeal concerns the discussion that ensued, as to which the facts are undisputed. We rely on the extensive written findings made by the post-conviction court:

" At sentencing, [petitioner] requested the judge setover sentencing so he could hire a new attorney to prepare a request to withdraw his guilty plea. He told the court he didn't understand what was going on and didn't have an attorney, and indicated he felt rushed. Judge Bergstrom noted they 'talked about it a lot' as he had participated in several settlement conferences regarding the case. At that point, [petitioner's] mother, Connie Garcia, chimed in 'Because of your disability.' The following exchange then took place:

Page 759

" 'The Court: You knew that you were going to get 23 months. You knew that your exposure was much, much higher than that. You knew the case against you is a slam dunk. To think you could go to ...

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