Holbert v. Gladden

This is an appeal from an order dismissing petitioner’s petition for post-conviction relief.

Petitioner was convicted of knowingly uttering and publishing a forged bank cheek and on February 1, 1965, was sentenced to a term of 10 years in the penitentiary. The conviction was affirmed by this court in State v. Holbert, 242 Or 228, 408 P2d 941 (1965).

On the same day that petitioner was sentenced for the principal offense the district attorney filed an information pursuant to the habitual criminal statute, ORS 168.015 to 168.090, alleging that petitioner had been convicted of three prior…