State v. Elksnis

Defendant was sentenced to one year in the Lane County jail on his guilty plea to criminal assault under former ORS 163.260. He appeals, asserting three assignments of error.

In one of his assignments he claims that the information against him fails to state a crime and in another that the court abused its discretion in sentencing him to one year in the county jail. The claim that the information fails to state a crime cannot be asserted on appeal from a judgment based on a plea of guilty. ORS 138.050; State v. Kabachenko, 2 Or App 202, 465 P2d 891, Sup Ct review denied (1970). A sentence of…