Slopak v. Cupp

The petitioner sought post-conviction relief in the circuit court of Marion County. A demurrer interposed by the state was sustained only as to the first of four causes of action alleged in petitioner’s petition. A hearing was held on the remaining causes of action and relief denied. Petitioner appeals.

Petitioner pleaded guilty to the crime of sodomy. Former ORS 167.040. He subsequently sought to change his plea to not guilty, alleging that he did not know that he could receive a possible life sentence under his prior plea of guilty. It is conceded that the trial judge advised petitioner only…