Kent v. Cupp

This is a post-conviction case.

The petitioner pleaded guilty to the crime of Taking Away Child with Intent to Detain from Parent, OES 163.640, in 1955. His court-appointed counsel requested the court to send the petitioner to the Oregon State Hospital for psychiatric examination before imposing sentence. This was done; and after the petitioner was returned from the state hospital, the court imposed the maximum penalty of life imprisonment.

The petition for post-conviction relief alleged in part:

“That petitioner did not know at the time he pleaded guilty to said charge what the maximum penalty…