Nealy v. Cupp

The petitioner herein was granted post-conviction relief by the Marion County Circuit Court. The defendant has appealed from the granting of that relief, contending that the court erred in vacating the petitioner’s 1967 guilty plea on the ground that he was not aware of the possible maximum penalty which could be imposed.

The findings of fact of the post-conviction court show that petitioner was charged by information on July 24, 1967, with violation of ORS 167.040, sodomy, conviction of which carries a maximum penalty of fifteen years’ imprisonment. On the same day he waived indictment, was…