Perry v. Williard

In Gebhart v. Gladden, 243 Or 145, 412 P2d 29 (1966), we held that an indigent person on probation must be supplied with appointed counsel at a revocation hearing if sentence had not been previously imposed. Today we have a case in which a sentence had been pronounced after a felony conviction, but the execution thereof had been suspended during good behavior on probation. Probation was later revoked at a hearing, in the absence of counsel, and the indigent prisoner sought postconviction relief. He appeals a circuit court judgment denying relief.

The state relies upon a general proposition…