Court of Appeals of Oregon, 1985

Reddicks v. State

Reddicks v. State
Court of Appeals of Oregon · Decided July 17, 1985 · Hoomissen, Joseph, Young
74 Or. App. 604; 703 P.2d 1038; 1985 Ore. App. LEXIS 3512

Reddicks v. State

Opinion of the Court

PER CURIAM

In this action for post-conviction relief, the post-conviction court found that petitioner had failed to demonstrate that he was prejudiced by the failure of the sentencing court to inform him of his constitutional rights before pleading no contest to driving while under the influence of intoxicants.. ORS 135.385; Boykin v. Alabama, 395 US 238, 89 S Ct 1709, 23 L Ed 2d 274 (1969). Prejudice “inheres” in the denial of federal constitutional rights. Stelts v. State of Oregon, 299 Or 252, 701 P2d 1047 (1985).

Reversed and remanded with instructions to grant relief pursuant to ORS 138.520.

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