NEALY v. CUPP


467 P.2d 649 (1970)

Robert Raymond NEALY, Respondent, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 9, 1970.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


LANGTRY, Judge.

The petitioner herein was granted post-conviction relief by the Marion County Circuit Court. The defendant has appealed from the granting of that relief, contending that the court erred in vacating the petitioner's 1967 guilty plea on the ground that he was not aware of the possible maximum penalty which could be imposed.

The findings of fact of the post-conviction court show that petitioner was charged by information on July 24, 1967, with...

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