Boag v. State

Petitioner appeals from an order denying post-conviction relief. Petitioner had pled guilty to driving while under the influence of intoxicants. This being his second such offense within five years, he was convicted and sentenced for committing a traffic crime. ORS 484.365. Petitioner’s chief contention is that he did not knowingly, intelligently, and voluntarily enter his plea of guilty.

In a post-conviction proceeding, the burden is generally upon the petitioner to prove the allegations of his petition by a preponderance of the evidence. ORS 138.620(2). A waiver of constitutional rights is…