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LUNDGREN v. CUPP

462 P.2d 447 (1969)

Kenneth T. LUNDGREN, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent. Floyd Deloy Neal, Appellant, v. Hoyt C. Cupp, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon In Banc.

Decided December 18, 1969.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Robert Y. Thornton, Atty. Gen., and Deane S. Bennett, Asst. Atty. Gen., Salem.

SCHWAB, Chief Judge.

Lundgren and Neal, having been separately convicted of felonies, were given enhanced penalties as habitual criminals under ORS 168.085. In the course of those proceedings, in which each was represented by counsel, neither attacked the constitutional validity of the previous convictions alleged. On the contrary, Neal admitted the "truth" of all material allegations of the Information of Previous Convictions and Lundgren entered a plea of "guilty...

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