Citation Codes Equivalent Citations citation codes Docket Number No. 20588, CA 8336 Attorney(S) Gary D. Babcock, Public Defender, Salem, argued the cause filed the brief for Donald L. Paillette, Assistant Attorney General, Salem, argued the cause for With him on the brief were James A. Redden, Attorney General, Al J. Laue, Solicitor General, See more information ... Smart Summary Please sign up to generate summary. STATE OF OREGON, Respondent, v. CLYDE HENLEY, Appellant. PER CURIAM. Affirmed. PER CURIAM. The thrust of defendant's assignment of error in this case is incompetent performance by his trial counsel. As we noted in State v. Robinson, 25 Or. App. 675, 550 P.2d 758 (1976), this issue, except in rare instances, is one which can be properly resolved only in a post-conviction proceeding in which evidence can be taken. This is not one of those instances. Affirmed.