State v. Van Valkenberg

Defendant pleaded guilty to the crime of illegal sale of a dangerous drug. Former ORS 475.100. He was sentenced to a maximum term of five years’ imprisonment. Defendant’s sole contention on appeal is that the court was “guilty of abuse of discretion in not permitting the defendant * * * to withdraw his plea of guilty prior to sentencing.”

In a number of recent cases we have pointed out that ORS 138.050 limits the scope of direet appeals from a judgment of conviction based upon a guilty plea to matters pertaining to the sentence. State v. Slopak, 3 Or App 532, 475 P2d 421 (1970); State v.…