State v. Elwood

Defendant pleaded guilty to two counts of criminal mischief. He assigns error to the trial court’s subsequent refusal to permit him to withdraw his guilty pleas. This court has no authority to consider defendant’s contentions in this regard on direct appeal. ORS 138.050; State v. Clevenger, 64 Or App 183, 667 P2d 9 (1983); see also State v. Lugo, 48 Or App 919, 618 P2d 986 (1980); State v. Slopak, 3 Or App 532, 475 P2d 421 (1970); but see State v. Cornelius, 249 Or 454, 438 P2d 1020 (1968). Defendant’s remedy, if any, lies in post-conviction relief.

Defendant contends, in the alternative, that…