He continued to rely on Boag in the Court of Appeals. Although he did not cite that case or any constitutional text in his petition for review to this court, he did cite Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208 (1971), a decision relied on by the Court of Appeals in Boag. Ferren was concerned with a claim of denial of rights under the Due Process Clause.
" 434 Pa. 532, 254 A.2d 923, 927. See also Morgan v. State, Me., 287 A.2d 592; State ex rel. LeBlanc v. Henderson, 261 La. 315, 259 So.2d 557; Ferren v. Cupp, Or. App., 490 P.2d 208; Walker v. Caldwell, D.C., Ga., 335 F. Supp. 308; Meller v. Missouri, 8 Cir., 431 F.2d 120. We recognize, of course, that some courts have held that the record must affirmatively show that the three Boykin rights were specifically and expressly enumerated for the benefit of and were waived by the accused prior to acceptance of his guilty plea. See, e.g.
Thus, where the validity of a guilty plea is attacked in a post-conviction proceeding, it must be shown that the defendant knowingly waived his rights to trial by jury and confrontation of witnesses, and his privilege against self-incrimination. Boykin v. Alabama, 395 U.S. 238, 89 S Ct 1709, 23 L Ed 2d 274 (1969). See Raisley v. Sullivan, 8 Or. App. 332, 335, 493 P.2d 745 rev den (1972); Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208 (1971) rev den (1972).Cf. ORS 135.385.
PER CURIAM. AFFIRMED. Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208, Sup Ct review denied (1971).
The record can include transcripts of both the post-conviction proceeding and the original entry of plea proceedings. Ferren v. Cupp, 7 Or. App. 353, 490 P.2d 208 (1971) Sup Ct review denied (1972). But see, Schram v. Cupp, 436 F.2d 692 (9th Cir 1970).