Enyart v. Gladden

This is a post-conviction proceeding in which the plaintiff was charged with statutory rape, plead guilty, and on March 5, 1956 was sentenced to imprisonment in the penitentiary for a term not to exceed 20 years. Prior to sentence he was given a psychiatric examination, but a copy of the report was not furnished to him as required by ORS 137.113, and a presentence hearing was not held as required by ORS 137.114. The circuit court for Marion county found that because the presentence procedure prescribed for sexual psychopaths was not complied with, the sentence imposed on Enyart by the circuit…