Charles Edwin Cornelius, 31343 v. H. C. Cupp, Warden

Petitioner, an Oregon prisoner, appeals from an order entered after an ev-identiary hearing in the District Court denying his application for a writ of ha-beas corpus.

On January 18, 1966, petitioner, accompanied by his court-appointed attorney, entered a plea of guilty to a charge of committing “assault while not armed with a dangerous weapon.” Ore.Rev. Stat. § 163.255. The plea was the product of an agreement between petitioner, his counsel, and the district attorney to dismiss an information charging petitioner with a greater offense of assault with intent to kill, which carried a possibility of a life sentence, in return for his guilty plea. On the same day petitioner received a five-year maximum sentence on the lesser offense.

The following day petitioner again appeared before the state trial court, this time to plead to an information charging him with having a prior felony conviction. Under Ore.Rev.Stat. § 168.085, a trial court may vacate a prior sentence and impose a new sentence up to twice the maximum on the sentence vacated if the accused is found to have suffered a prior felony conviction. After conferring with his attorney, petitioner admitted the prior conviction,…