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Reddicks v. State

Oregon Court of Appeals
Jul 17, 1985
703 P.2d 1038 (Or. Ct. App. 1985)

Opinion

43409; CA A33533

Argued and submitted May 31, 1985

Reversed and remanded with instructions July 17, 1985

Appeal from Circuit Court, Benton County.

Robert S. Gardner, Judge.

J. Michael Alexander, Salem, argued the cause for appellant. With him on the brief was Burt, Swanson, Lathen, Alexander McCann, Salem.

Robert M. Atkinson, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and James E. Mountain, Jr., Solicitor General, Salem.

Before Joseph, Chief Judge, and Van Hoomissen and Young, Judges.


PER CURIAM

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


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 U.S. 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 P.2d 1047 (1985).

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


Summaries of

Reddicks v. State

Oregon Court of Appeals
Jul 17, 1985
703 P.2d 1038 (Or. Ct. App. 1985)
Case details for

Reddicks v. State

Case Details

Full title:JAMES ARTHUR REDDICKS, Appellant, v. STATE OF OREGON, Respondent

Court:Oregon Court of Appeals

Date published: Jul 17, 1985

Citations

703 P.2d 1038 (Or. Ct. App. 1985)
703 P.2d 1038