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.