State v. Wallace

Full title: STATE OF OREGON, Respondent, v. CHESTER BENSON WALLACE, Appellant

Court: Oregon Court of Appeals

Date published: Feb 9, 1971

477 P.2d 907 (Or. Ct. App. 1971)

477 P.2d 907

Opinion

Argued on record and briefs December 1, 1970

Affirmed December 10, 1970 Petition for rehearing denied January 12, 1971 Petition for review denied February 9, 1971

Appeal from the Circuit Court, Multnomah County, CHARLES S. CROOKHAM, Judge.

N. Robert Stoll, Portland, filed the brief for appellant. With him on the brief were Anderson, Hall, Lowthian Stoll, Portland.

Jim G. Russell, Assistant Attorney General, Salem, filed the brief for respondent. With him on the brief were Lee Johnson, Attorney General, and Jacob B. Tanzer, Solicitor General, Salem.

Before SCHWAB, Chief Judge, and LANGTRY^_ and BRANCHFIELD, Judges.

_ Langtry, J., did not participate in this decision.

AFFIRMED.

PER CURIAM.

Defendant, having pleaded guilty to attempted second-degree homicide, later moved to withdraw his plea. The trial court denied his motion and sentenced him to eight years' imprisonment.

On appeal defendant assigns as error the trial court's failure to grant his motion. On direct appeal from a judgment of conviction entered pursuant to a plea of guilty, the scope of review is limited to the issue of the excessiveness of the sentence. ORS 138.050; State v. Slopak, 3 Or. App. 532, 475 P.2d 421 (1970).

Affirmed.