Capps v. Cupp

The state appeals from a judgment granting post-conviction relief. The judgment vacated petitioner’s plea of no contest and remanded the case for farther proceedings. The issue is whether petitioner understood the nature of the charge against him when he entered his plea of no contest. We reverse.

In April 1977, petitioner entered a plea of no contest to a charge of assault in the first degree.1 The indictment alleged, in part:

“The [petitioner] * * * between October 1, 1976, and February 22,1977, in the County of Multnomah, State of Oregon, did unlawfully and knowingly, under circumstances…