MORA v. CUPP


475 P.2d 985 (1970)

Ismael Angel MORA, Jr., Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided November 2, 1970.


Attorney(s) appearing for the Case

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

James A. Sanderson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

This is an appeal from an order dismissing an amended petition for post-conviction relief after the court had sustained a demurrer to it, and petitioner refused to plead further. In 1968, petitioner pleaded guilty to a charge of assault and battery while unarmed by means of force likely to produce great bodily injury. In his petition asking for post-conviction relief petitioner contends that he was denied due process of

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