
    Argued September 21,
    affirmed October 4, 1977
    STATE OF OREGON, Respondent, v. CLYDE HENLEY, Appellant.
    
    (No. 20588, CA 8336)
    569 P2d 58
    Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
    Donald L. Paillette, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and Al J. Laue, Solicitor General, Salem.
    Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
   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 P2d 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.  