Black v. Gladden

This is a post-conviction proceeding in which plaintiff seeks discharge from the Oregon State Penitentiary. Plaintiff was convicted of the crime of shoplifting, ORS 164.390, and was sentenced to the penitentiary for a term not to exceed six years. The value of the goods taken was approximately $2.30.

Plaintiff contends that he was denied the equal protection of the laws guaranteed by the Fourteenth Amendment to the United States Constitution and Article I, § 20 of the Oregon Constitution. He relies upon State v. Powell, 212 Or 684, 321 P2d 333 (1958) which held that if there is no rational…