STATE v. ROBINSON

PER CURIAM.

Defendant, having been convicted of murder upon trial by jury, contends on appeal that his trial counsel was incompetent. 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. See, Turner v. Cupp, 1 Or. App. 596, 465 P.2d 249 (1970). This is not one of those rare instances.

Affirmed.