Appeal from Circuit Court, Lane County. Douglas R. Spencer, Judge. No. 72 3001.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Thornton, Judge. Schwab, Chief Judge, and Fort, Judge.
This appeal raises the question of the constitutional validity of the procedures by which defendant was sentenced to a term of five years' imprisonment upon a plea of guilty to the crime of criminal activity in drugs in violation of ORS 167.207. A violation of this section is a class B felony, except under certain conditions not involved here, and carries a maximum term of 10 years' imprisonment.
Defendant contends that the trial judge erred in denying defendant's motions "in limine" and to strike certain asserted juvenile violations and criminal convictions from the presentence report. ORS 137.530.
Following his plea of guilty defendant filed the above motions requesting the court to strike from the presentence report prepared by the State Board of Parole and Probation all entries pertaining to six alleged juvenile violations as well as five entries pertaining to adult convictions. Defendant's motion further requested that the court enter an order
"* * * limiting evidence, informational material,
and argument at the time of sentencing to exclude the above enumerated matters."
At the sentencing hearing defendant testified under oath that all six juvenile proceedings had occurred in Texas starting when he was 10 years of age; that there were no court proceedings in any of the instances; that he had been taken before a judge in his office; that he was unrepresented by counsel and was not advised of his rights.
As to his adult criminal violations, defendant's testimony was that in each of the challenged convictions (Texas: 1953, 1954, 1958; Idaho: 1957) he was unrepresented by counsel during plea bargaining, and was not advised of his right to counsel.
The district attorney stated that he was not in a position either to confirm or deny the above ...