Dockery v. Maass

The state appeals a judgment granting petitioner post-conviction relief. It contends that the statutory violation found by the trial court is not a basis for post-conviction relief. We agree and, therefore, reverse.

Petitioner pleaded no contest to a charge of first degree rape, ORS 163.375, and was sentenced to a 14-year term with a seven-year minimum. He filed a petition for post-conviction relief, alleging that the trial court had abridged his state and federal rights to due process and equal protection by failing to make the inquiry under ORS 135.395:

“After accepting a plea of guilty or no…