Stacey v. State

Petitioner appeals from an order sustaining respondent’s demurrer to his petition for post-conviction relief.

In March 1976, petitioner entered a guilty plea to a misdemeanor charge of first degree criminal trespass. ORS 164.255. On May 11, 1976, the court suspended imposition of sentence and placed petitioner on probation for five years. Petitioner did not appeal. In January 1977, petitioner filed a petition for post-conviction relief alleging that on May 12, 1976, the court, in the absence of and without notice to petitioner or his attorney, added a condition to the probation requiring…