State v. Ellis

The defendant was convicted of a felony on April 16,1963. Subsequently, and on June 3,1963, the district attorney filed an information (as provided by ORS 168.055) stating that he had reason to believe the defendant had been previously convicted of prior felonies.

After due notice to the defendant, a hearing was had before the trial court. The defendant stood mute, and, after the introduction of evidence, the trial court found the defendant had been convicted of prior felonies. Thereupon, the trial court set aside the prior sentence imposed for the felony of which the defendant had been…