Opinion
Argued July 23, 1970
Affirmed July 30, 1970
Appeal from Circuit Court, Washington County.
HOLLIE PIHL, Judge.
Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General and Jacob B. Tanzer, Solicitor General, Salem.
Before SCHWAB, Chief Judge, and FOLEY and BRANCHFIELD, Judges.
AFFIRMED.
Defendant pleaded guilty to assault with a dangerous weapon and was sentenced to five years in prison. On this direct appeal his sole assignment of error is that the trial court, in accepting his guilty plea, did not directly advise him of the maximum statutory penalty for his crime. As we said in State v. Brudos, 3 Or. App. 239, 240, 471 P.2d 861, Sup Ct review denied (1970):
"Even if we assumed that there was any merit in defendant's * * * assignment of error we could not consider it on direct appeal. The thrust of ORS 138.050 is that after a plea of guilty the only question which may be considered on direct appeal is the nature of the sentence, that is, whether the punishment is excessive, cruel or unusual. State v. Shannon, 242 Or. 404, 409 P.2d 911 (1966); State v. Middleton, 2 Or. App. 70, 465 P.2d 913 (1970); State v. Kabachenko, 2 Or. App. 202, 465 P.2d 891 (1970). If the defendant thinks that he has any justifiable grounds for having his plea[s] of guilty set aside he must present those grounds within the procedural framework mandated by the legislature."
Affirmed.