MILLER v. GLADDEN


437 P.2d 119 (1968)

Leonard Ellsworth MILLER, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon. In Banc.

Decided January 31, 1968.


Attorney(s) appearing for the Case

John Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

David H. Blunt, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


HOLMAN, Justice.

Petitioner appeals from the denial of his application for post-conviction relief. He was convicted of the crime of kidnapping, on a plea of guilty without benefit of counsel. The question presented is whether the petitioner knowingly waived his right to be represented by counsel.

The transcript of his arraignment and sentence, which took place at the same court appearance, shows that the only mention of counsel was the following:

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