Opinion
No. CR 79-0449, CA 18797
Submitted on record and briefs December 12, 1980
Affirmed January 26, 1981
Appeal from District Court, Clackamas County.
Raymond Bagley, Jr., Judge.
Frank J. Susak, Portland, filed the brief for appellant.
Virginia L. Linder, Assistant Attorney General, James M. Brown, Attorney General, John R. McCulloch, Jr., Solicitor General, and William F. Gary, Deputy Solicitor General, Salem, filed the brief for respondent.
Before Joseph, Presiding Judge, and Warden and Warren, Judges.
PER CURIAM
Affirmed.
Defendant urges that the trial court abused its discretion in accepting his plea of guilty, because, he says, the record demonstrates that the plea was not voluntarily entered. The contention is not within the scope of review on direct appeal from a judgment of conviction entered pursuant to a guilty plea. ORS 135.050. If the trial court committed error, it was constitutional error and the remedy lies in a post-conviction proceeding. See generally, State v. Jairl, 229 Or. 533, 541-42, 368 P.2d 323 (1962); State v. Slopak, 3 Or. App. 532, 475 P.2d 421 (1970).
Affirmed.