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CAPPS v. CUPP

120,127; CA A26854.

681 P.2d 158 (1984)

68 Or.App. 327

Thomas CAPPS, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided May 9, 1984.

Reconsideration Denied June 15, 1984.

Review Denied July 31, 1984.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause and filed the supplemental brief for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem. Tom Capps, Salem, filed the brief pro se for respondent.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The state appeals from a judgment granting post-conviction relief. The judgment vacated petitioner's plea of no contest and remanded the case for further proceedings. The issue is whether petitioner understood the nature of the charge against him when he entered his plea of no contest. We reverse.

In April 1977, petitioner entered a plea of no contest to a charge of assault in the first degree.1 The indictment alleged...

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