State v. Elwood

The issue is similar to that presented in State v. Clevenger, 297 Or 234, 683 P2d 1360 (1984).

Defendant appealed from a judgment on conviction on his plea of guilty. He assigned as error the trial court’s denial of his motion to withdraw his guilty plea and to plead not guilty and go to trial.

On appeal the state argued that the claim of error could not be reached in an appeal under ORS 138.050, relying primarily on this court’s decision in State v. Jairl, 229 Or 533, 368 P2d 323 (1962). Defendant responded that this court in State v. Cornelius, 249 Or 454, 438 P2d 1020 (1968), and State v.…